Where do Intellectual Property Rights come from?
Patent and copyright laws have their origins in the U.S. Constitution. Article I, section 8, gives laws that: “promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” From this constitutional mandate, Congress enacted the patent and copyright laws. Trademark and trade secret laws both have origins in state law. They developed over the years in the course of solving business disputes. There are also federal trademark laws, enacted by Congress pursuant to its power to regulate interstate commerce. Each of the four main branches of intellectual property are discussed separately below.
