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A Critique Of The Ontology Of Intellectual Property Law
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Book Synopsis A Critique of the Ontology of Intellectual Property Law by : Alexander Peukert
Download or read book A Critique of the Ontology of Intellectual Property Law written by Alexander Peukert and published by Cambridge University Press. This book was released on 2021-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive critique of the idea that 'intellectual property' exists as an object that can be owned.
Book Synopsis A Critique of the Ontology of Intellectual Property Law by : Alexander Peukert
Download or read book A Critique of the Ontology of Intellectual Property Law written by Alexander Peukert and published by Cambridge University Press. This book was released on 2021-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
Book Synopsis A Philosophy of Intellectual Property by : Peter Drahos
Download or read book A Philosophy of Intellectual Property written by Peter Drahos and published by Routledge. This book was released on 2016-12-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are intellectual property rights like other property rights? More and more of the world’s knowledge and information is under the control of intellectual property owners. What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.
Book Synopsis The Ontology of Cyberspace by : David R. Koepsell
Download or read book The Ontology of Cyberspace written by David R. Koepsell and published by Open Court Publishing. This book was released on 2003-02 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is an examination of how intellectual property laws should be applied to cyberspace, software and other computer-mediated creations.
Book Synopsis Property Aspects of Intellectual Property by : Ole-Andreas Rognstad
Download or read book Property Aspects of Intellectual Property written by Ole-Andreas Rognstad and published by . This book was released on 2018-07-05 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three property aspects of IP law -- Implications of the three aspects of property
Book Synopsis The Interface between Intellectual Property and Investment Law by : Oke, Emmanuel K.
Download or read book The Interface between Intellectual Property and Investment Law written by Oke, Emmanuel K. and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
Book Synopsis Intellectual Commons and the Law by : Antonios Broumas
Download or read book Intellectual Commons and the Law written by Antonios Broumas and published by University of Westminster Press. This book was released on 2020-11-25 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘With clarity and sophistication, Antonios Broumas presents a bold new theory of intellectual commons and powerful arguments for a new body of supportive law. This book not only reveals the misleading logic of intellectual property law in our time; it reveals the rich possibilities for constructive change that legally protected commoning can bring. Highly recommended!’ — David Bollier, Director, Reinventing the Commons Program, Schumacher Center for a New Economics. ‘Liberating the Intellectual Commons from the fetters of capital accumulation and appropriation, would give us a renaissance of creative energies and empowered communities: exactly what the world needs to move away from the social and ecological devastations of our times. This book is a thoughtful and compelling argument for making this possible through the works of the law and the redesign of public domain as a common space.’ — Massimo De Angelis, Professor of Political Economy and Social Change, Co-director of the Centre for Social Justice and Change, University of East London. ‘In this pioneering book, Antonios Broumas argues that philosophically, morally, politically and economically we are in urgent need of a new legal regime that recognizes the intellectual commons, peer production and sharing as the primary practices of intellectual production, distribution and consumption. I cannot imagine a more urgent task today. A legally protected intellectual commons will lead to greater scientific and cultural innovation and creativity and will lead to an urgently needed second Enlightenment. This book should be read by lawyers, critical theorists, economists and the many professionals of science, culture and the academy.’ — Costas Douzinas, Professor of Law, Birkbeck, University of London. ‘Antonios Broumas’ book is an excellent critical analysis of the cultural commons and a must-read for everyone interested in understanding what the commons, the cultural commons, and the digital commons are all about. This work brilliantly outlines the foundations of an empirically grounded critical theory of the commons and the cultural commons in the context of the interactions of law and society.’ — Christian Fuchs, Professor of Media and Communication Studies, author of Communication and Capitalism: A Critical Theory (2020). ‘Broumas takes us on a spellbinding tour of how and why the law could and should change to accommodate the creative multitude, which engages into an emerging mode of production. He tells a vibrant story that makes us shout: “Lawmakers of the world, unite!”’ — Vasilis Kostakis, Professor of P2P Governance, Tallinn University of Technology, Faculty Associate at Harvard Law School. At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.
Book Synopsis A Defense of Intellectual Property Rights by : Richard A. Spinello
Download or read book A Defense of Intellectual Property Rights written by Richard A. Spinello and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is well provided with detailed references/bibliography for those who want to pursue the matter. . . The authors have effected a very thorough analysis of the moral issues and the book is strongly recommended for that reason. . . Brian Spear, World Patent Information This book should change the contours of the intellectual property debate. Spinello and Bottis fully appreciate what the standard instrumentalist accounts of intellectual property cannot even acknowledge that the lives and liberty of creators and artists are not the common property of society, and that it is intrinsically wrong to treat the efforts and projects of individuals as if they were unowned resources reaped as the fruit of the earth. Their work should help to reorient discussion of IP from an excessive concern with the economic and social consequences of competing policies back to the bedrock issues of basic respect for the integrity of our various particular lives and the labor that constitutes those lives. At the same time, they studiously avoid the unserious extremism that characterizes so much of the debate on every side, recognizing that respecting the lives and liberty of all sets real boundaries on the proper scope and stringency of IP claims, ruling out overzealous enforcement and radical repudiation alike. Richard Volkman, Southern Connecticut State University and Research Center on Computing and Society, US Since the rise of the Internet the question of intellectual property has been and still is one of the most controversial societal and ethical issues. The new global, interactive and bottom-up medium challenges moral, legal and economic structures not only in the music and film industry but also in the field of knowledge production, storage, distribution and access. The academic debate soon became and is still polarized between critics and defenders of IPR. The book by Richard A. Spinello and Maria Bottis A Defense of Intellectual Property Rights analyses in a critical and comprehensive manner some of the dogmas widely spread by the critics of IPR paying special attention to the differences between EU and European legal regimes. The authors explore the foundations of IP in Lockean philosophy, as a representative of a natural law approach, as well as in the theories of Fichte and Hegel based on deontological arguments. Both perspectives prevail in European law while American property law is widely based on utilitarian arguments. The authors argue in favor of Lockean and Hegelian foundations showing their relevance in the present debate as well as calling the attention to the link between these theories and the Catholic social doctrine. The book is an important contribution to this ongoing debate. Rafael Capurro, Stuttgart Media University, Germany Richard A. Spinello and Maria Bottis defend the thesis that intellectual property rights are justified on non-economic grounds. The rationale for this moral justification is primarily inspired by the theory of John Locke. In the process of defending Locke, the authors confront the deconstructionist critique of intellectual property rights and remove the major barriers interfering with a proper understanding of authorial entitlement. The book also familiarizes the reader with the rich historical and legal tradition behind intellectual property protection.
Book Synopsis The Law and Economics of Intellectual Property in the Digital Age by : Niva Elkin-Koren
Download or read book The Law and Economics of Intellectual Property in the Digital Age written by Niva Elkin-Koren and published by Routledge. This book was released on 2012-11-27 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Book Synopsis Adventures in Childhood: Volume 60 by : Jose Bellido
Download or read book Adventures in Childhood: Volume 60 written by Jose Bellido and published by Cambridge University Press. This book was released on 2022-07-14 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adventures in Childhood connects modern intellectual property law and practice with a history of consumption. Structured in a loosely chronological order, the book begins with the creation of a children's literature market, a Christmas market, and moves through character merchandising, syndicated newspaper strips, film, television, and cross-industry relations, finishing in the 1970s, by which time professional identities and legal practices had stabilized. By focusing on the rise of child-targeted commercial activities, the book is able to reflect on how and why intellectual property rights became a defining feature of 20th century culture. Chapters trace the commercial empires that grew around Alice in Wonderland, Peter Rabbit, Meccano, Felix the Cat, Mickey Mouse, Peter Pan, Eagle Magazine, Davy Crockett, Mr Men, Dr Who, The Magic Roundabout and The Wombles to show how modern intellectual property merchandising was plagued with legal and moral questions that exposed the tension between exploitation and innocence.
Download or read book IP Accidents written by Patrick R. Goold and published by Cambridge University Press. This book was released on 2022-03-17 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent. But in the Information Age, where accidents are increasingly common, efficiency, equity, and fairness support the reform of IP to a negligence regime. Patrick R. Goold provides the most coherent explanation of how property and tort interact within the field of IP, contributing to a clearer understanding of property and tort law and private law generally.
Book Synopsis Research Handbook on the Economics of Intellectual Property Law by : Ben Depoorter
Download or read book Research Handbook on the Economics of Intellectual Property Law written by Ben Depoorter and published by Edward Elgar Publishing. This book was released on 2019 with total page 1504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Book Synopsis Negotiating Copyright in the American Theatre: 1856–1951 by : Brent S. Salter
Download or read book Negotiating Copyright in the American Theatre: 1856–1951 written by Brent S. Salter and published by Cambridge University Press. This book was released on 2022-01-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on fascinating archival discoveries from the past two centuries, Brent Salter shows how copyright has been negotiated in the American theatre. Who controls the space between authors and audiences? Does copyright law actually protect playwrights and help them make a living? At the center of these negotiations are mediating businesses with extraordinary power that rapidly evolved from the mid-nineteenth to mid-twentieth centuries: agents, publishers, producers, labor associations, administrators, accountants, lawyers, government bureaucrats, and film studio executives. As these mediators asserted authority over creativity, creators organized to respond, through collective minimum contracts, informal guild expectations, and professional norms, to protect their presumed rights as authors. This institutional, relational, legal, and business history of the entertainment history in America illuminates both the historical context and the present law. An innovative new kind of intellectual property history, the book maps the relations between the different players from the ground up.
Book Synopsis US Intellectual Property Law and Policy by : Hugh C. Hansen
Download or read book US Intellectual Property Law and Policy written by Hugh C. Hansen and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law. Simon Teng, Journal of Intellectual Property Law and Practice . . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement. Louise Buckingham, Copyright Reporter The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by six of the best, if not the best, professors of intellectual property law in the United States . John A. Tessensohn, European Intellectual Property Review This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.
Book Synopsis The Making of Modern Intellectual Property Law by : Brad Sherman
Download or read book The Making of Modern Intellectual Property Law written by Brad Sherman and published by Cambridge University Press. This book was released on 1999-07-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the common themes in recent public debate has been the law's inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.
Book Synopsis Intellectual Property Rights by : David Vaver
Download or read book Intellectual Property Rights written by David Vaver and published by Taylor & Francis. This book was released on 2006 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Subject of Copyright by : Ewa Laskowska-Litak
Download or read book The Subject of Copyright written by Ewa Laskowska-Litak and published by Taylor & Francis. This book was released on 2023-09-22 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the concept of copyright subject matter through the lenses of law, aesthetics, and cognitive science, this book describes the historical evolution of a work into an artefact that qualifies as copyrightable subject matter. Discussing the originality requirement towards an artefactual understating of intangible goods, copyright’s present struggles with modern societies and technologies, and growing inequalities between rights holders and producers, the book adopts an interdisciplinary approach based on studies in law, aesthetics, neuroscience, and cognitive science to present a novel perspective on the non-artefactual and contextual identification of copyright subject matter. The book examines the challenges raised by aesthetic and neuroaesthetic concepts and cognitive studies, seeking to create a unifying framework of identification strategies for modern copyright law which embrace historical, philosophical, and social perspectives; the book develops a research methodology that offers a new interdisciplinary and holistic approach for understanding the subject of copyright and better addressing the needs of modern society, technology and business models. Touching on normative understandings of creativity and legal-philosophical, aesthetic, and cognitive considerations with regard to the idea/expression dichotomy in copyright law, the book will be of immense interest to legal scholars, legal philosophers, aestheticians, and neuroaestheticians.
