Property Aspects Of Intellectual Property 1st edition by Ole Andreas Rognstad 1107072050 9781107072053

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ISBN-10 :  1107072050 

ISBN-13 : 9781107072053

Author:  Ole-Andreas Rognstad 

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.

 

Property Aspects Of Intellectual Property 1st Table of contents:

Part I. Introduction:

Part 1. Three Property Aspects of IP Law;

Part 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:

Part 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;

 

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Tags: Property Aspects, Intellectual Property, Ole Andreas Rognstad, property