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Property Aspects of Intellectual Property

Property Aspects of Intellectual Property

Author: Ole-Andreas Rognstad
Publisher: Cambridge University Press
ISBN: 9781107072053
Published In: July 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,417.00

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Description
Contents

Details

For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive.

Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other.

The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.

I. Introduction:

Part 1. Three Property Aspects of IP Law

II. Property in Justifying Rights: Introduction: A. Utilitarian Justification Grounds:

1. The Tragedy of the Commons vs. The Tragedy of the Free Rider

2. Trademarks and Trade Secrets

3. Costs vs. benefits

4. The doctrine of property vs. liability (and inalienability) rules

5. The notion of modularity in property law

B. The Labor Idea:

1. Locke and the notion of 'moral desert'

2. Alternative readings of Locke

3. The 'labor idea' as a justification for modern IP

C. Personality and Personhood Ideas

D. Other Ideas

III. Property in the Structuring of Rights: Introduction: A. The role of 'Thingness' in Property

B. The Notion of IP as 'INTANGIBLES':

1. General Remarks

2. Revealing the Nature of 'Intangible IP': The Scandinavian Post-WWII Discussion and Beyond

C. The Structural Particularities of Various IP Rights

D. The Object Function in IP Law – Distinction Between 'CONCRETE OBJECT' and 'LEGAL OBJECT' (RIGHTS IN REM)

E. IP as 'Monopolies'?

F. The Concepts of 'RESOURCE' and 'INFORMATION' in Relation to IP:

The Concept of 'Resource' in relation to IP

2. The concept of 'information' in relation to IP

G. Exclusive Rights and Remuneration Rights in IP Law

H. Conclusion – on Property in the Structuring of Rights: IV. Property as Assets

Part II. Implications of the Three Aspects of Property: V. Conclusions to be Drawn from the Justification of Rights: Introduction: A. Conclusions Drawn From Common Grounds of Justification:

1. Utilitarian grounds

2. Labor Idea

3. Personality ideas

B. Problems with Different Justification Grounds

C. Justifying IP in the International Context

D. Conclusion

VI. Conclusions to be drawn from the Structure of Rights: Introduction: A. The Relation between Justification and Structure

B. 'IP BOUNDARIES'

C. Abstraction Levels in IP Law:

1. General Remarks

2. Abstraction Levels in Copyright

3. Abstraction Levels in Patent law