A Critique of the Ontology of Intellectual Property Law PDF Download
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Author: Alexander Peukert
Publisher: Cambridge University Press
ISBN: 1108750435
Category : Law
Languages : en
Pages : 219
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Book Description
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.
Author: Alexander Peukert
Publisher: Cambridge University Press
ISBN: 1108750435
Category : Law
Languages : en
Pages : 219
Get Book Here
Book Description
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.
Author: Jose Bellido
Publisher: Cambridge University Press
ISBN: 1316999203
Category : Law
Languages : en
Pages : 331
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Book Description
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.
Author: Patrick R. Goold
Publisher: Cambridge University Press
ISBN: 1108899455
Category : Law
Languages : en
Pages : 153
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Book Description
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.
Author: Brent Salter
Publisher: Cambridge University Press
ISBN: 1108484751
Category : Law
Languages : en
Pages : 279
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Book Description
The book illuminates the legal and business history of the American theatre through new archival discoveries.
Author: Brad Sherman
Publisher: Cambridge University Press
ISBN: 1009479652
Category : Law
Languages : en
Pages : 303
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Book Description
This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.
Author: Ewa Laskowska-Litak
Publisher: Taylor & Francis
ISBN: 1000963691
Category : Law
Languages : en
Pages : 213
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Book Description
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.
Author: Veit Braun
Publisher: Policy Press
ISBN: 1529233674
Category : Science
Languages : en
Pages : 214
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Book Description
Recent decades have witnessed the creation of new types of property systems, ranging from data ownership to national control over genetic resources. This trend has significant implications for wealth distribution and our understanding of who can own what. This book explores the idea of ownership in the realm of plant breeding, revealing how plants have been legally and materially transformed into property. It highlights the controversial aspects of turning seeds, plants and genes into property and how this endangers the viability of the seed industry. Examining ownership not simply as a legal concept, but as a bundle of laws, practices and technologies, this is a valuable contribution that will interest scholars of intellectual property studies, the anthropology of markets, science and technology studies and related fields.
Author: Helle Porsdam
Publisher: Cambridge University Press
ISBN: 1108478255
Category : Political Science
Languages : en
Pages : 323
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Book Description
The first serious, extended effort to use a human rights-based approach to address the scientific issues affecting society and the often-neglected human right to science.
Author: Alexandra George
Publisher: Cambridge University Press
ISBN: 1107014611
Category : Law
Languages : en
Pages : 435
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Book Description
This book examines the way in which this important area of law is constructed by the legal system.
Author: David R. Koepsell
Publisher: Open Court Publishing
ISBN: 9780812695373
Category : Computers
Languages : en
Pages : 164
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Book Description
This work is an examination of how intellectual property laws should be applied to cyberspace, software and other computer-mediated creations.
