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Grounds of the Immaterial : A Conflict-Based Approach to Intellectual Rights
2017
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Items
Details
Title
Grounds of the Immaterial : A Conflict-Based Approach to Intellectual Rights
Author
Edition
1st edition
Item Type
Book
Description
328 pages : illustrations
ISBN
9781786432506 eBook
9781786432490 Print
9781786432490 Print
Summary
This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective. The book follows the legal proceedings of disputes in patent, copyright and trademark law as they circulate from the sites of enterprises, through the offices of law firms, the court registry, the courtroom and the judge’s office, until they finally arrive at judgment. In this way, the central matters of a dispute are gradually transformed into immaterial works, inventions, or signs through the ceaseless ‘material’ operations of legal practices. This analysis sheds light on how seemingly abstract philosophical notions are rendered workable as concrete legal concepts with important consequences. Grounds of the Immaterial offers an inventive and refreshing take on intellectual property rights which will be valued by academics and students in philosophy, legal theory, legal anthropology and intellectual property.
Formatted Contents Note
Introduction
1. Legal Theory: From Intellectual Property to Informational Goods
2. Interlude ~ Turning to Legal Practice: Outlines of a Transversal Approach
3. Grounds of Inventions at the Law Firm: Proceedings of a Technological Dispute
4. Legal Pointillism in Court: Towards the Composition of Judgment
5. Conclusion: Immaterial Performances in the Life of the Legal Dispute
6. Coda ~ Philosophy and Law: A Conflictive Encounter
Index
1. Legal Theory: From Intellectual Property to Informational Goods
2. Interlude ~ Turning to Legal Practice: Outlines of a Transversal Approach
3. Grounds of Inventions at the Law Firm: Proceedings of a Technological Dispute
4. Legal Pointillism in Court: Towards the Composition of Judgment
5. Conclusion: Immaterial Performances in the Life of the Legal Dispute
6. Coda ~ Philosophy and Law: A Conflictive Encounter
Index
Linked Resources
Published
Cheltenham, England, UK : Edward Elgar Publishing, 2017.
Copyright
2017
Language
English
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