POSTED ON WEDNESDAY 12, 2023 IN LINKEDIN
Those who know me are aware that, in addition to Intellectual Property, my great love has always been sailing. In 1972, my father dedicated an Optimist (sailing) book to me, setting me on a path I would never cease to follow.
Almost simultaneously, my mother gave me two plaques with Rudyard Kipling’s poem “If” as a result of my religious involvement in the First Communion (a Catholic Sacrament). Both texts left a deep impression on me, and I endeavored to make them my guides in their respective fields.
They formed the foundation for experiences I embarked upon that year: learning to sail in yachting and seeking faith in a religion trying to understand human behavior. Later in life, I would become a lawyer seeking to understand what is justice, and later justice in IP matters (trademarks, patent, copyright).
What do all of these have in common? Follow me through the story…
In my early years of sailing, it was all about sensations, fears, and obstacles. Superstitions and unprovable theories explained why boats sailed and why some won races while others lost. Those who sail know exactly what I mean.
In fact, if one explores the history of sailing, superstition grows increasingly prevalent as we delve further into the past, and theories become more and more absurd. In the last 50 years alone, sailing has advanced more than it did in the previous 7,000 years. Today, sailboats almost fly (foil) over the water, reaching unimaginable speeds.
A similar experience unfolded with religion, although that sensation lasted much longer. Similarly, if one delves into the history of religion, superstition gains ground, particularly when we go back 7,000 years.
Law and IP Law has not been much different. Positivist schools, natural law schools, critical schools—all attempt to justify property and explain what justice is, yet none fully succeed, especially as we trace back through history.
Nevertheless, law exists. We believe in its rationality, although it ultimately prevails out of fear of punishment—just like religion or the behaviors one adopts while sailing in adverse weather conditions.
I summarized the logic of sailing in a compendium in Spanish, and serves as the logical technical summary of my nautical experiences over the past 45 years in the link down below.
As for the logic of religion and law and IP law (for they are more alike than we think), I intend to synthesize them in brief articles in the coming days. I hope these articles will prove useful, particularly in the realm of law, to understand the direction that legal protection of artificial intelligence works and biotechnology discoveries and inventions can take in a world turmoiled by innovation.
I will continue shortly. Warm regards to everyone!
