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Constructing Intellectual Property

Constructing Intellectual Property

Constructing Intellectual Property

Author: Alexandra George
Publisher: Cambridge University Press
ISBN: 9781107014619
Published In: May 2012
Format: Hardback , 434 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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What is 'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection of core concepts. By analyzing the metaphysical structure of intellectual property law and the concepts the legal system uses to construct 'intellectual property', the book sheds new light on the nature of this fascinating area of law. It explains anomalies between social and intellectual property uses of concepts such as authorship – here dubbed 'creatorship' – and originality and it helps to explain the role of intellectual property from a structural (rather than the traditional normative) perspective.

• Analyses the core concepts by which intellectual property law is constructed

• Explains intellectual property from a metaphysical or structural perspective rather than the more typical normative perspectiv

e • Examines intellectual property as an area of law, not just one aspect of it

1. Introduction	1
2. The Difficulty of Defining ‘Intellectual Property’	31
3. The Metaphysics of Intellectual Property	81
4. Intellectual Property’s Core Criteria	137
5. ‘Family Resemblance’ and Intellectual Property	255
6. Concluding Remarks	329

Alexandra George
University of New South Wales, Sydney

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