Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.
• Considers how different understandings of property in the law of copyright, patent and trade marks can lead to different outcomes in the scope of legal protection • Offers fresh insights from a team of leading and emerging scholars and practitioners in the field • Reflects on the interaction between intellectual property law and broader, more traditional notions of property law
Contents
Introduction Helena Howe and Jonathan Griffiths; Part I. Intellectual Property as Property: 1. On the prehistory of intellectual property Brad Sherman and Alain Pottage; 2. Property in brands: the commodification of conversation Dev Gangjee; 3. Trade secrets: intellectual property but not property Lionel Bently; 4. Equity, confidentiality and the nature of property Alastair Hudson; 5. How much 'property' is there in intellectual property? A German civil law perspective Thomas Dreier; 6. Properties of copyright: exclusion, exclusivity, non-interference and authority Hugh Breakey; 7. Alienability and copyright law Shyamkrishna Balganesh; Part II. Re-Shaping Intellectual Property Rights: The Role of Concepts from Wider Property Law: 8. Limiting copyright through property Michael Carrier; 9. Property concepts in European copyright law: the case of abandonment Robert Burrell and Emily Hudson; 10. The concept of the Anticommons: useful, or ubiquitous and unnecessary? David Lametti; 11. The Commons as reverse intellectual property or the model of inclusivity Severine Dussollier; 12. Property, sustainability and patent law: could the stewardship model facilitate the promotion of green technology? Helena Howe.
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