The Legal Memorandum of Jesus`s ntellectual Property Rights of the Bible

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미국 지적 재산권법 실제 판례들(특허, 카피라이트, 상표법, 트레이드 씨크릿)을 인용하고 적용합으로써 성경의 지적재산권이 누구에게 있는가, 만약 예수가 살아 돌아온다면 누가 실제 지적재산권을 행사할 수 있는가에 대해 가상으로, 실제 미국 법원에 제출하는 변론서 형식으로 작성한 글입니다.

The Holy Bible is the world best seller through history. The authors of the Bible are the apostles of Jesus Christ. And now we have a lot of versions of the Holy Bible: from many publishers and a bulk of translations of it, or the derivative novels, essays, movies, musicals, symbols and so on. Although the actual writers of the Bible were his apostles, we never deny or suspect that the real author of the Bible is Jesus Christ. Especially the New Testimony belongs to Jesus.

Even other words or phrases which have seemingly non relationship to the Bible, like presidential speech may have appropriated or have deriviated the words and phrases what Jesus Christ said. Abraham Lincoln and John F. Kennedy confessed that they were eager to invoke what Jesus had taught and said. In this sense there are a lot of appropriations of the Bible in exactly same, or substantially similar, or deviatory ways.

Then let us assume that Jesus wants to bring a suit for infringement of the Holy Bible against all the infringers. The cause of action might be Intellectual Property infringement. Is he able to sue all the infringers? If so, where he can get remedies for his original works? As we know intellectual property has four rough areas of laws: Trade Secret, Patent, Copyright, and Trade Mark. We will check the areas one by one.

목차

Table of Contents
I. Introduction

II. The Factual Background – The Holy Bible of Jesus Christ

III. Issue Presented

IV. Argument
1. General Perspective of Intellectual Property
2. Trade Secret Law Argument
3. Patent law Argument
(1)Patentable Subject Matter
(2)Utility
(3) Novelty
(4)Non-Obviousness
4. Copyright Law Argument
(1)Original Works of Authorship
(2)Fixation in a Tangible Medium of Expression
(3)The Idea-Expression Dichotomy
(4)Derivative works
(5)Fair Use Defense
5. Trade Mark Law Argument

V. Conclusion

본문내용

According to argument we may assert the title of the Bible of Jesus Christ in the area of patent and copyright laws, and does not in trade secret and in trade mark. However, we ignored the fact that Jesus was physically dead on the point view of non Christian. And we also ignored the fact that Jesus was not in the business of the Bible, which he would be the last person to enter into the business for using the contents, or function of the Bible or his precious teaching. And we also ignored the legal fact that protection period if Jesus gets patent or copyright of the Bible. The duration period of each is 20 and 70 to 95 years at longest. That might not be the matter in this hypothetical, because even if he got real title of patent and copyright he might not use the monopoly power at least as far as I know.

Nonetheless it would be interesting thinking adventure. Interestingly the bible itself is priceless legacy of mankind. Jesus, however, never insisted his intellectual property rights even at the time of his age. Partially that may be attributed to the non existence of intellectual property. Contrarily Jesus kept trying to spread his teaching everywhere for free. Is it possible with ongoing assertion of intellectual property rights to have beloved and faithful world? I doubt that. Capitalism and money-interest-centered society make hard to think and believe following Christian way. Even Christians sue each other and are eager to have intellectual property rights. In this point it might be worthwhile if Jesus come suddenly and assert his all rights reserved in intellectual property rights.

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