Concepts of Property in Intellectual Property Law explores the interaction between notions of property in law and particular aspects of intellectual property law. It considers how different understandings of property in the law of copyright, patent and trade marks lead to different outcomes in the scope of legal protection.
Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.
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This book explores the interaction between notions of property in law and particular aspects of intellectual property law.
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vii | |
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viii | |
| Acknowledgements |
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x | |
| Introduction |
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1 | (8) |
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PART I Intellectual property as property? |
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9 | (174) |
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1 On the prehistory of intellectual property |
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11 | (18) |
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2 Property in brands: the commodification of conversation |
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29 | (31) |
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3 Trade secrets: `intellectual property' but not `property'? |
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60 | (34) |
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4 Equity, confidentiality and the nature of property |
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94 | (22) |
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5 How much `property' is there in intellectual property? The German civil law perspective |
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116 | (21) |
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6 Properties of copyright: exclusion, exclusivity, non-interference and authority |
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137 | (24) |
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7 Alienability and copyright law |
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161 | (22) |
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PART II Re-shaping intellectual property rights: the role of concepts from wider property law |
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183 | (123) |
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8 Limiting copyright through property |
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185 | (20) |
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9 Property concepts in European copyright law: the case of abandonment |
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205 | (27) |
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10 The concept of the anticommons: useful, or ubiquitous and unnecessary? |
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232 | (26) |
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11 The commons as a reverse intellectual property -- from exclusivity to inclusivity |
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258 | (24) |
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12 Property, sustainability and patent law -- could the stewardship model facilitate the promotion of green technology? |
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282 | (24) |
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| Index |
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306 | |
Dr Helena Howe is a lecturer in law at the University of Sussex. Her research interests lie in the relationship between property, intellectual property and environmental law and, in particular, conceptions of obligation and responsibility in these areas. She is the author of 'Copyright Limitations and the Stewardship Model of Property' (Intellectual Property Quarterly, 2011) and 'Lockean Natural Rights and the Stewardship Model of Property' (Property Law Review, 2013). Jonathan Griffiths is a senior lecturer in the School of Law at Queen Mary, University of London. He researches and writes on intellectual property law (particularly copyright law) and information law. He has published, in particular, on exceptions and limitations in copyright law and on the relationship between intellectual property and human rights. He is a member of the advisory board of the Nottingham Law Journal and is on the editorial board of The Journal of Media Law. He is an international contributing editor of the Media and Arts Law Review.
