Home >
New Releases >
Law >
Judicially Crafted Property Rights in Valuable Intangibles: An Analysis of the INS Doctrine

Judicially Crafted Property Rights in Valuable Intangibles: An Analysis of the INS Doctrine

Author: Apostolos G. Chronopoulos
Publisher: Edward Elgar Publishing
ISBN: 9781035335978
Published In: August 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,690.00

HKD 1,639.30 Save HKD 50.70 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

In this incisive book, Apostolos G. Chronopoulos examines the doctrine of misappropriation offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.

In the INS case, the Supreme Court held that a news agency may enjoin third parties from copying its news stories while these are still “fresh”. Chronopoulos seeks to clarify the heavily debated doctrinal issues that have since arisen as to: the exact legal nature of the recognized entitlement; whether the Supreme Court sought to establish a principle of general application; and the extent to which state claims to protect valuable intangibles under a common-law theory of liability survive federal pre-emption. Chronopoulos argues that the protection offered at state level should not be confined to the availability of a narrow tort of unfair competition protecting highly time-sensitive subject matter against parasitic appropriation by direct competitors; rather, the application of the misappropriation doctrine is bound to generate judge-made property rights in intangibles with time value.

This book is an indispensable resource for academics who would have an interest in re-exploring and revisiting the topic from a doctrinal perspective. The book’s theoretical groundwork can also be relied upon by practitioners for the purpose of building legal arguments.

Preface

Table of cases

Introduction: a brief overview of the legal and policy issues

The INS case: a property right in news

Early applications of the INS doctrine: property rights in the fruits of one’s labor, organizational efforts and goodwill

Federal pre-emption of state remedies against the appropriation of valuable intangibles

Judge-made property rights in valuable intangibles: case law analysis

Theoretical enquiries about the doctrinal underpinnings of the misappropriation doctrine

Examining the relevance of various legal concepts to the INS case

Ethics, competition, freedom of speech, and judicial engagement with property activity in respect of valuable

intangibles

Conclusion: misappropriation as a doctrine enabling state courts to recognize property rights in valuable intangibles