Define: Jus Stapulae

The term “jus stapulae” is a legal term that describes a town’s authority to regulate the sale of imported goods within its own market. This was commonly practiced with important commodities such as wool, leather, tin, lead, butter, or cheese, which were referred to as the “staple.” In the past, certain towns were designated by the Crown as exclusive markets for these staple products. In modern times, the term “staple” can also refer to a non-patented material that is utilised in a patented product or process, but also serves other practical purposes. Patent holders are unable to control the market for staples through tying agreements.

Jus stapulae is a legal term that grants a town the authority to halt imported goods and require them to be sold in its own market. This term originates from the Latin phrase “right of staple.” Certain goods, such as wool, leather, tin, lead, butter, or cheese, may be subject to jus stapulae, meaning that merchants must first offer these goods for sale in the local market before selling them elsewhere. In the past, the Crown would designate specific towns as exclusive markets for staple products, granting them jus stapulae over those products. This practice helped regulate trade and ensure fair prices. In modern patent law, a “staple” refers to an unpatented material used in a patented product or process that also has other practical applications. For instance, a company may hold a patent for a particular type of ink but cannot control the market for the paper it is used on, as paper is considered a nonstaple. These examples demonstrate how jus stapulae has historically been employed to regulate trade and safeguard local markets. By empowering towns to control the sale of certain goods, it prevented monopolies and ensured fair competition. In modern patent law, the concept of staples is utilised to prevent patent holders from exerting excessive control over the market for their products.

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This glossary post was last updated: 26th April 2024.