FedSoc Forums

What Was the Founders' Design for Intellectual Property?


Listen Later

In this Federalist Society America 250 series, experts analyze modern legal and policy debates through the lens of the Founding generation. The Founders gave us the tools to answer many contemporary questions; join us as we explore those answers.Innovation is at the heart of the American economy, fueled by a patent system that represented a deliberate radical break from the British model. Under English practice, the Crown granted patents as royal favors, monopolies awarded at the sovereign's pleasure, with no requirement of genuine novelty or utility. The Framers rejected this. They believed that intellectual property rights should both reward ingenuity and advance society. By drawing Article I, Section 8, Clause 8 almost verbatim from the South Carolina Constitution, they tied the grant of patents to the mandate to "promote the progress of science and the useful arts."This system democratized invention, where anyone could apply for a patent, and set the stage for centuries of American innovative dominance. The U.S. model has largely been adopted globally.As we approach the Semiquincentennial, join our panel to explore the inventive spirit unleashed after the Founding. How did the Constitution break with British common law? Why did the Framers embed IP rights in the Constitution itself rather than the Bill of Rights? What does it mean that the provision passed without recorded controversy? And how healthy are those rights today?Featuring:Prof. Adam Mossoff, Professor of Law, Antonin Scalia Law School, George Mason UniversityProf. David S. Olson, Associate Professor, Boston College Law SchoolProf. Zvi Rosen, Associate Professor, UNH Franklin Pierce School of Law(Moderator) Hon. John D. Love, Magistrate Judge, U.S. District Court, Eastern District of Texas
...more
View all episodesView all episodes
Download on the App Store

FedSoc ForumsBy The Federalist Society

  • 4.5
  • 4.5
  • 4.5
  • 4.5
  • 4.5

4.5

83 ratings


More shows like FedSoc Forums

View all
FedSoc Events by The Federalist Society

FedSoc Events

87 Listeners

SCOTUScast by The Federalist Society

SCOTUScast

106 Listeners

Faculty Division Bookshelf by The Federalist Society

Faculty Division Bookshelf

8 Listeners

Cato Podcast by Cato Institute

Cato Podcast

971 Listeners

U.S. Supreme Court Oral Arguments by Oyez

U.S. Supreme Court Oral Arguments

660 Listeners

Law Talk With Epstein, Yoo & Cooke by The Civitas Institute at the University of Texas at Austin

Law Talk With Epstein, Yoo & Cooke

701 Listeners

We the People by National Constitution Center

We the People

1,107 Listeners

The Libertarian by The Civitas Institute at the University of Texas at Austin

The Libertarian

985 Listeners

RTP's Fourth Branch Podcast by The Federalist Society

RTP's Fourth Branch Podcast

28 Listeners

Necessary & Proper Podcast by The Federalist Society

Necessary & Proper Podcast

47 Listeners

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture by The Heritage Foundation

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

513 Listeners

The Remnant with Jonah Goldberg by The Dispatch

The Remnant with Jonah Goldberg

6,603 Listeners

What the Hell Is Going On by AEI Podcasts

What the Hell Is Going On

644 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,953 Listeners

The Dispatch Podcast by The Dispatch

The Dispatch Podcast

3,356 Listeners

Amarica's Constitution by Akhil Reed Amar

Amarica's Constitution

393 Listeners

Divided Argument by Will Baude & Dan Epps

Divided Argument

744 Listeners

Supreme Court Oral Arguments by scotusstats.com

Supreme Court Oral Arguments

37 Listeners