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This chapter considers what arguments can be offered to defend patents (the normative question). It revisits the three types of argument introduced in Chapter 2: the labour, utilitarian and personality arguments.
This chapter outlines the action of passing off. It discusses whether goodwill is a thing (the metaphysical question) and whether passing off enables businesses to own goodwill (the conceptual question).
This chapter describes how copyright evolved from a right in books, to a right in ’original works’. The chapter considers whether ’works’ are things (the ’metaphysical question’).
This chapter introduces the two types of rights in copyright : economic and moral rights. The chapter considers to what extent these rights are rights of property (the conceptual question).
This chapter continues the discussion of patentability. It discusses what kind of inventions plausibly ought to be owned on utilitarian grounds (the normative question).
This chapter introduces the remedies for IP infringement. It discusses whether the remedies available, particularly the final injunction, mean that IP rights are a form of property (the conceptual question).
This chapter introduces the three foundational questions of IP: what are intellectual things (the metaphysical question)? Is intellectual property really property (the conceptual question)? And should intellectual things be property (the normative question)? It highlights the role of argument and reason in contemporary IP law.
This chapter introduces exceptions to copyright. The chapter continues to evaluate the extent to which copyright is a property right (the ’conceptual question’)
This chapter concludes the book by considering whether IP law is responsive to reason, or whether IP law is increasingly informed by other values, such as faith.