Archive for March, 2008

Wikipedia Article Bibliography: The History of The Patent Law (3/31)

March 30, 2008

WIKIPEDIA:

1.       This article clearly defines what a patent is. It explains ‘patent law’ generally, not specific to any country or place. I believe knowing exactly what I am writing about, is important when narrating the history of this concept and law.

“Patent.” Wikipedia, The Free Encyclopedia. 25 Mar 2008, 15:15 UTC. Wikimedia Foundation, Inc. 30 Mar 2008 <http://en.wikipedia.org/w/index.php?title=Patent&oldid=200811051>.

2.       This article cites the actual “statute of Monopolies,” which is perhaps the first recorded patent law. Most patent laws originate from here.  The article also explains the situation prior to the Statute, and discusses the first ‘patent letter’ that was awarded. These are all important in the “history of THE PATENT LAW.”

“Statute of Monopolies 1623.” Wikipedia, The Free Encyclopedia. 10 Mar 2008, 01:57 UTC. Wikimedia Foundation, Inc. 30 Mar 2008 <http://en.wikipedia.org/w/index.php?title=Statute_of_Monopolies_1623&oldid=197138197>.

3.       This entry explains what exactly a “letter of patent” is, and also explains how they are still used today. Since letters of patent issued by the British Royalty led to the Statute of Monopolies, this article helps to understand the background of the Statue. There is also a picture of a letter of patent. This furthers the development of the “history of the first patent law.”

“Letters patent.” Wikipedia, The Free Encyclopedia. 27 Mar 2008, 12:28 UTC. Wikimedia Foundation, Inc. 30 Mar 2008 <http://en.wikipedia.org/w/index.php?title=Letters_patent&oldid=201306822>.

4.       This article explains the field of Intellectual Property (IP), which includes patent law. I believe the development of IP law is important in developing the Patent law. In this manner the article provides information on the history of patent law.

“Intellectual property.” Wikipedia, The Free Encyclopedia. 28 Mar 2008, 21:10 UTC. Wikimedia Foundation, Inc. 30 Mar 2008 <http://en.wikipedia.org/w/index.php?title=Intellectual_property&oldid=201668661>. 

BOOKS:

1.       The first chapter in the book lists important conventions and rulings in developing the EU patent law. It summarizes the Paris convention, The patent corporation treaty, and the European patent convention amongst others. These were all important historic events in the development of the Patent Law.

Muir, Ian, Matthias Brandi-Dohrn, and Stephan Gruber. European Patent Law : Law and Procedure under the Epc and Pct. Oxford ; New York: Oxford University Press, 1999.

2.       The book provides a lot of information about the existing patent law, in a simple manner. (Not too technical) This is helpful in understanding the Patent law today. It has a section that dates and lists various conventions and treaties that are important in founding the Patent Law.  The book dedicates a chapter to Patent Laws and the dates they were founded in various countries. This information is useful to explain the development of the Patent Law after the Statute of Monopolies in England.

Junghans, Claas, and Adam Levy. Intellectual Property Management : A Guide for Scientists, Engineers, Financiers, and Managers. Weinheim

Chichester: Wiley-VCH ;

John Wiley distributor, 2005.

EXTERNAL WEBSITES”

1.       This website by a leading law firm has a section with the history of the US patent law. It starts with a patent law in the medieval times, and narrates how it developed into today’s patent law. It also dates, and cites, important cases and acts in the history of the patent law. This article is extremely useful in attaining knowledge on the development of the Patent Law in the US. 

LLP, Ladas & Parry. “A Brief History of the Patent Law of the United States”.  New York, 1999. Web Page. <http://www.ladas.com/Patents/USPatentHistory.html>.

 The article within this website: The 212th Anniversary of the First American Patent Act.

2.       This article clearly narrates how British ‘letter of patents’ were used in the US, when the US was colonized by the British. It then narrates how the US patent came into effect. It has a description of one of the first cases that helped sculpt the US patent law. It also has the actual image of the “Original Patent one,” and Patent offices. This article is useful to help tie the development of the patent law from Europe to the US.

Bellis, Mary. “The 212th Anniversary of the First American Patent Act”.  2008. About.com: Inventors. Ed. The New York Times Company. (2008). <http://inventors.about.com/library/weekly/aa073100a.htm>.

 

Class Reflecion #6: Immigration & Imperialism (3/24)

March 30, 2008

 I would have never imagined that “The Irish” were once considered ‘subhuman,’ in America, alike the blacks. Today, the Irish are known for their business skills amongst many others. This depicts that Americans in those times were discriminating against any foreigner and not just a specific race. From our class, I understood that the reason the Irish were discriminated was because of their ‘unruly’ nature and their belief in the Catholic Church. This was furthered by the illustration of Catholic Crocodiles trying to eat American children!

At the time, a sense of Nativism inspired Americans to try and assihimilate immigrants into a melting pot.  I would like to know, when the idea of a melting pot changed into the acceptance of multi-culturism. This huge leap in thinking goes to show an immense development in American perception.  Nativism creates an aversion to ‘Non-Americans’ like Chinese, Asians and Irish, whom the Americans believed couldn’t be assihimilated. This is sharply contrasted by the American appreciation for the immigrants ‘barbarian values.’  It’s ironic how they see the immigrants as barbarians, portraying ‘white supremacy;’ however, they still realize and accept certain immigrant characteristics as virtues. This is similar to the American views on slaves:  slaves were ridiculed; however, white people were secretly jealous of them.  It is interesting that Americans have always been so open and able to appreciate the positive even in immigrants that they ridiculed. This is probably the birth of a culture that appreciates critical thought; whereby, it is important for people to recognize the good even in the bad.

Americans saw simplicity and strength as virtues. This thought is extended in American imperialism; which was partially fueled by the need to show American strength and ‘masculinity.’ Imperialism also portrays traces of American supremacy. Americans believed their ideology, ‘democracy,’ was better than any others. American imperialism was finally motivated by economic growth. American imperialism was a way to spread American ideals, show masculinity, and gain economically. We see traces of American imperialism today in Iraq. The Iraq war was fueled by the need to spread democracy and gain oil (economic).

 While America tries to spread its values in other nations, in a sincere and positive effort to bring about improvement; many nations have seen America as interfering. I believe that American interference worldwide has gone too far, and it has damaged America’s reputation internationally. However, Americans living in the US would never know about the international perspective. The outside world almost vanishes when you live in the US. News about a local train catching fire, will take precedence to a burning temple or massacre in a third world country.  Perhaps, in the same lines, I found it interesting that you had to show a map to demonstrate where Philippines was! Was this because you thought people may not know?

At the end of class I understood how imperialism (masculinity), nativity and the aversion to foreign immigrants were related. After some thought, it was my observation that all these factors: imperialism fueled by a need to portray strength, nativity a concept of distinguishing Americans from others and the aversion of foreign people; all portrayed the American need to find a sort of “national identity.”  Perhaps this was the origination of ‘creating an American identity.” We see this with Americans looking up to Tarzan and Sandow. The irony: although imperialism and immigration were believed to take away from the ‘national identity;’ today, they are integral to American identity.

class reflection #5: Reconstruction after the civil war (3/17)

March 24, 2008

The interpretations of the civil war were interesting, and broad, because some concepts would apply to most “wars.” The “Lost Cause” interpretation of the war, sympathizing with the South that lost, can be seen throughout history in other wars as well. In fact, I believe war is always a lost cause. Both opposing sides, and specially the people, always ‘lose.’ Most wars, alike the American civil war, start out trying to resolve pertinent issues; most wars never address them and just become a show of military power. Finally, society is always quick to move forward from tragedies. This is seen with the people forgetting about the civil war in the ‘roaring 20’s.’ War never seems to have a purpose that justifies its damage. However, the reconstruction phase and the 13th and 14th amendments that ensued after the Civil War, was important in the way that they have shaped the US today.

 The interpretation of history or the science of “historiography,” which is the manner in which historians analyze history, was interesting. I would definitely like to learn more about how historiography affects the views of society. This also makes one wonder, how much of history is fact and how much is opinion, and which is more important?

The discussion on the reconstruction phase was important in its depiction of Lincoln and Johnson.  Lincoln adopted a milder approach, whereas Johnson adopted a harsher approach. Johnson was a “doer,” who moved forward with his plans without consulting congress; which led to tensions and eventually his impeachment. It was important to find out about the first US president to be impeached. I wondered, which approach was better, Lincoln’s or Johnson’s?

The “40 acres and a mule” was a familiar concept. In Nepal, similar concepts have been adopted by the government, where farmers are given a certain amount of land.  In fact, a law in Nepal states that if a farmer plows land for a certain number of years, he can claim certain ownership rights. Farmers in Nepal were pleased when the government implemented. It was revealing how the same enthusiasm wasn’t seen in the US; could this be because farmers in Nepal were just poor but not slaves?

Finally, the “separate but equal” concept was the most interesting aspect of US History that I have learned about in class. Despite the written law, and the 13 and 14th amendments; people still found a way to discriminate. This depicts that people will always find a means to express themselves. The defacto versus dejure, is seen throughout the world. What was even more eye opening was the outcome of the Plessy versus Ferguson case. The decision of the Supreme Court, implying that the government couldn’t discriminate; however, the local restaurant could – was shocking! The map of Richmond went to portray the extent of how the whites felt threatened by the “slaves.” I wonder what prompted this to such an extreme, that a law stated whites and blacks were not allowed to live in the same street! The fact that this was all written, and documents were drafted defining “who is white and who is black” portrays how important this was at its time. This reminds us of the universal theme, that race is a social construction rather than just a physical characteristic. The best part about this class was seeing the actual bathroom signs; it made me realize that this was a “reality.” Most times, history seems like a “story,” the signs helped me realize that this was a “reality,“ and a very terrible one…  

Class Reflection #4: American Civil War (3/3)

March 16, 2008

Today, people learn a lot more from movies then just written history. The clips we watched in class were insightful in gaining interpretations of the Civil War. In Gods and Generals, facts were represented from the generals’ perspective, which was informative. The movie seemed extremely factual, based on events and happenings, and portrayed the larger picture. Gods and Generals would help the audience realize ‘what happened when,’ and what tactics were used in the war. The personal narration of Cold Mountain was more interesting because it portrayed the personal struggle of common people during the time. Cold Mountain would help the audience understand how people were affected by the war. I believe Cold Mountain’s narration is important, because although the Civil War is ‘history,’ the change of attitudes brought about by the Civil War is certainly not history. The civil war affected millions of people and changed the way they think and act. This change in people’s attitudes will continue over generations, and understanding how and why they occurred are important.  Prior to the Civil War many Americans were opposed to the idea of a central government and pro-slavery. Towards the end of the Civil War, we see changes in their attitudes such as: Confederates realized the need for a strong central government in order to fight war and sustain industry, they also considered having slaves in the army.  This change in attitude, would be better depicted in Cold Mountain than Gods and Generals. Cold Mountain’s depiction of the American Civil War is important as it portrays the affects of large circumstances on individuals, which are inherited over generations and finally shape the manner in which people think today

Our class discussion made me note that slavery wasn’t being abolished due to the concern for human rights, but more for political reasons. This can be seen in the Emancipation Proclamation by Lincoln. It seems that his intent for freeing slaves, in certain states was to cause chaos, and had little to do with human rights. Furthermore, during the Civil War, many people were racist and against slavery.  This irony clearly marks that the primary concern of people were not human rights, but money and economics, because they wanted to abolish slavery so the South wouldn’t prosper. The Fugitive Law furthers this point. If abolishing slavery was about human rights, why would runaway slaves have to be returned? This shows that slavery was an accepted human condition, and the real underlying concern was money and prosperity. Furthermore, it was interesting to note that something as demeaning as slavery gave the poor, white people status. This goes to show how deprived and insecure people were, and how they had to be better than someone else to value their selves. It would be interesting to know if the violence in Kansas was the true beginning to abolishing racism and slavery, or just an extension of other societal factors that was reflected in the conflicting attitudes towards slavery?

It seemed to me that the basis for the Civil War was money and economics. I think the seed of the Civil War was planted by the Nullification crises, which affected the sale of Southern exports. This resulted in a division, which was furthered by the conflicting attitudes towards slavery.  This division marked the first differentiation between the ‘South’ and the ‘North.’ This attitude of belonging to the South or North, has carried on over generations and can still be seen today.

 It can be concluded that although the world has changed dramatically, since the Civil War, greed and money still fuel most of the conflicts faced today. This can be seen in the intent behind the ‘The War in Iraq.’ Finally, the Civil War resulted in 350,000 casualties. Do so many people need to die for a country to change their attitude and ways?  Is war ever worth the price or even the consequence? Despite the change of times, we can still ask ourselves these questions today in regard to the Iraq war!

Post #2: Utopia: Gauisus

March 3, 2008

Dear friend,

I hope this meets you in good health and happiness. My family and I are fine. We have been living in “Gauisus” for the past six months. Gauisis is a self sufficient, individualistic, city located on the banks of river Gauise.

I no longer work 16 hours in a factory that exploits me, away from my loved ones, with the constant fear of being cheated. I am happily employed in the profession I love, that of a writer. I spend my time writing for the community and teaching at our school. My wife Elda, has taken up her fondness for children, and opened a children’s nursery. In Gauisus, woman work and pursue their interests, and produce with the same value as men. Elda and I will have saved enough Gaus (the currency here,) to own our residence soon. We are truly happy! In fact, that is the meaning of Gauisus, Latin for “happy.”

In Gauisus we believe it’s the human constant, and right, to be happy. Happiness is not sought in Gauisus, happiness prevails. We are motivated by our own interest, not by the necessity to earn a meager living, or by profit. We live in a manner that calls for excellence in all we do. We can love, life and be employed by our own choice as long as we dedicated to our choices.

I live close to the school where I am employed. Our city is divided in the center by river Gauise. The Northern part, where I reside, is devoted to production and is also the heart of the city.  Our lodgings surround our school, prayer and community buildings. This is to portray our society values higher learning, and respect to our neighbors. It also marks the importance of our religious module. The prayer hall consists of a small church, a temple, and a prayer room for all faiths. In Gauisus, we are all free to worship and believe, or not believe, in what inspires us the most. We have no right to criticize the choices of others; as we are all individuals who seek the best for themselves first.

Behind out houses are beautiful woods and orchards, representing the beauty of life. These lead the way into our production units.  Our production units are divided into basic and specialized units, employees reside closest to their work places allowing convenient access to our public facilities and to our work places. The city council meets every Friday in the prayer building to seek methods to better our society. We have a theater in our public building. We all enjoy plays in the weekend with a glass of wine from our local brewery, and parlor.

Our southern side is primarily agricultural. Similar to our northern side, it is centralized about a school and public building. The farmlands are behind the house and segregated into staple farms and other farms.

 Currently, most land and property is owned by the city itself. However, we are allowed to buy property from the city. The money collected by the city on property sales is used to improve the city’s structure.

In Gauisus, we enjoy our employment as there aren’t any factory owners to exploit you. Although, we have seniors in our production units, they serve to guide us and help us reach our potential. Those who are good at their work will serve as teachers to those who want to learn. We have the best farmers, the best producers, the best bankers, the best teachers; because they are motivated by their love for their work. Furthermore, we don’t need to leave our families to earn a living, we can live with the people we love while enjoying our truly, gainful employment. Whatever we produce is given a currency value that we can trade with. Every month the town council buys our products. With Gaus, we buy what we need from the markets. Our excessive products, especially sugar cane, are traded in another society for what we require. Therefore, we never lack in anything.

Our scientists have made a turbine, sourcing electricity for our production units and our houses. Our doctors are advanced and healthcare is accessible and free to all members of our community.  We enjoy free public transportation and education. We have an efficient waste management system and irrigation system, perhaps, more sophisticated than those you may be familiar with. Our council supports these necessary services, enabling all our citizens to live well. Our council manages this from the profits that the city makes from selling our excess produce. I can assure you, my dear friend, we are not void of comfort or leisure.

There is no government in Gauisus which tries to limit our minds. We are governed by the highest morals of humanity. We respect competition and the creation of others. We believe in earning not stealing. Our community is for all those who value the human mind. We will not tolerate laziness, or lack of motivation. Those who cannot value themselves, their work, and their fellow neighbors, will be asked to leave by our council. In times of need we heed the advice of our council. Our council constitutes the founders of this community; with the likes of Professor Artson, Dr. Wilmart, Schlor Jones and other intellectuals. Our council revolves periodically.

Gauisus, is a closed community. You may be admitted by invitation only. Our land is marked by high walls to fend of intruders.  I believe, my friend, with your keen ability to work wood and your dedication, you and your family will add value to Gauisus. I understand that your family is far away, and you will need to consult with them. I feel your wife, Emily, will find contentment here. Her hand is particularly fast with wool, and I am sure she can use this skill to enjoy a gainful employment. With this letter I invite you, and your family, to join us in Gauisus. Please send a message for us to arrange for your departure. You will need nothing to come here. At Gauisus we value your mind. Your money will be worthless here. You must come here on the supreme faith of human ability, and goodness. I will be expecting you my dear friend.

-Elliot.

http://www.flickr.com/photos/23261616@N07/

http://www.flickr.com/photos/23261616@N07/