Concepts of Property in Intellectual Property Law

This book explores the interaction between notions of property in law and particular aspects of intellectual property law.

Helena Howe (Edited by), Jonathan Griffiths (Consultant editor)

9781107041820, Cambridge University Press

Hardback, published 26 September 2013

330 pages, 3 tables
22.9 x 15.2 x 1.9 cm, 0.61 kg

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.

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.

Subject Areas: Intellectual property law [LNR], Comparative law [LAM], Law [L]