“Intellectual property” as a term is a modern invention; the designation seeks to deal with the enormous expansion of products of the mind. Till quite recently virtually the only products of the mind were books and music, both occasionally protected. The technological changes of recent times have vastly expanded our understanding of intellectual property and its treatment to include all creations of the mind- major, minor, and trivial.
Itis, of course, tempting to guard intellectual products like physical inventions as that area is well known and has a long legal history. There are similarities: Intellectual properties like physical properties involve power, control, and money. It after all makes no difference whether we are dealing with a new turbine, a scientific theory, a business model, a new drug, a song, or a book; nor may it matter whether the idea is ultimately expressed in a physical form, an image, musical notation, or as an abstract formula.
Protection of intellectual property, whatever form it takes raises concern about interfering with intellectual exploration of any kind as well as governmental control. We should remind ourselves that most societies have discouraged news ideas as well as unlimited creativity because they disturb the status quo, threaten those in power, and may bring social instability. All institutions, political, social or religious prefer to remain with what is known though they also realize that selective new ideas may be useful. In our age of nearly universal education, widespread democracy, and unfettered communication challenges to such conservatism are more likely to be raised and restraint becomes more difficult.
The current protection of intellectual property takes different forms and encompasses old areas as well as vast new fields. It is as if vast new territories previously unsettled have been discovered and can now