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Concepts of Property in Intellectual Property Law

$124.00 (C)

Part of Cambridge Intellectual Property and Information Law

Helena Howe, Jonathan Griffiths, Brad Sherman, Alain Pottage, Dev Gangjee, Lionel Bently, Alastair Hudson, Thomas Dreier, Hugh Breakey, Shyamkrishna Balganesh, Michael Carrier, Robert Burrell, Emily Hudson, David Lametti, Severine Dussollier
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  • Date Published: November 2013
  • availability: Available
  • format: Hardback
  • isbn: 9781107041820

$ 124.00 (C)

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About the Authors
  • 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
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    Product details

    • Date Published: November 2013
    • format: Hardback
    • isbn: 9781107041820
    • length: 330 pages
    • dimensions: 229 x 152 x 19 mm
    • weight: 0.61kg
    • contains: 3 tables
    • availability: Available
  • Table of 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.

  • Editor

    Helena Howe, University of Sussex
    Dr Helena Howe is a lecturer in law at the University of Sussex. Her research interests lie in the relationship between property, intellectual property and environmental law and, in particular, conceptions of obligation and responsibility in these areas. She is the author of �opyright Limitations and the Stewardship Model of Property' (Intellectual Property Quarterly, 2011) and �ockean Natural Rights and the Stewardship Model of Property' (Property Law Review, 2013).

    Consultant Editor

    Jonathan Griffiths, Queen Mary University of London
    Jonathan Griffiths is a senior lecturer in the School of Law at Queen Mary, University of London. He researches and writes on intellectual property law (particularly copyright law) and information law. He has published, in particular, on exceptions and limitations in copyright law and on the relationship between intellectual property and human rights. He is a member of the advisory board of the Nottingham Law Journal and is on the editorial board of The Journal of Media Law. He is an international contributing editor of the Media and Arts Law Review.


    Helena Howe, Jonathan Griffiths, Brad Sherman, Alain Pottage, Dev Gangjee, Lionel Bently, Alastair Hudson, Thomas Dreier, Hugh Breakey, Shyamkrishna Balganesh, Michael Carrier, Robert Burrell, Emily Hudson, David Lametti, Severine Dussollier

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