\(
\def\WIPO{World Intellectual Property Organisation}
\)
Details
Title
Property Aspects of Intellectual Property.
Author
Item Type
Book
Description
1 online resource (248 pages) : illustrations
ISBN
9781108627733 e-book
Summary
Description Contents Resources Courses About the Authors 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. Introduces a new angle for approaching the IP/property interface Clearly distinguishes the concepts of the intangible object and the legal object in IP law, helping readers to avoid drawing false conclusions from the metaphysical concept of intangible objects Written from a transnational perspective to help readers understand the problems of universality irrespective of national rules and traditions
Formatted Contents Note
Preface
List of Abbreviations
Table of Cited Cases
1. Introduction
Part I: Three property aspects of IP law
2. Property in Justifying Rights
Introduction
A. Utilitarian Justification Grounds
B. The Labor Idea
C. Personality and Personhood Ideas
D. Other Ideas
3. Property in the Structuring of Rights
Introduction
A. The Role of Thingness in Property
B. The Notion of IP as Intangibles
C. The Structural Particularities of Various IP Rights
D. The Object Function in IP Law: Distinction between Concrete Object and Legal Object (Rights in Rem)
E. IP as Monopolies?
F. The Concepts of Resource and Information in Relation to IP
G. Exclusive Rights and Remuneration Rights in IP Law
H. Conclusion: On Property in the Structuring of Rights
4. Property as Assets
Part II: Implications of the three aspects of property
5. Conclusions to Be Drawn from the Justification of Rights
Introduction
A. Conclusions Drawn from Common Grounds of Justification
B. Problems with Different Justification Grounds
C. Justifying IP in the International Context
D. Conclusion
6. Conclusions to Be Drawn from the Structure of Rights
Introduction
A. The Relation between Justification and Structure
B. IP Boundaries
C. Abstraction Levels in IP Law
D. The Concept of Use/Exploitation of IP Law – in Particular in Relation to Copyright
E. Conclusions on IP as Objects
7. Conclusions to Be Drawn from IPRs as Assets
Introduction
A. Alienability v. Inalienability of IPRs
B. Transfers and Securitazation of IPRs: The Impact of the Nature of the Legal Object
C. The Interface between the Transfer of IPRs and the Transfer of Copies of IP-Protected Subject Matter
D. Takings/Expropriation of IPRs
E. IPRs as Property in Assets v. Other Fundamental Rights
F. Conclusions on IPRs as Assets
8. Final Conclusions
Bibliography
Index.
List of Abbreviations
Table of Cited Cases
1. Introduction
Part I: Three property aspects of IP law
2. Property in Justifying Rights
Introduction
A. Utilitarian Justification Grounds
B. The Labor Idea
C. Personality and Personhood Ideas
D. Other Ideas
3. Property in the Structuring of Rights
Introduction
A. The Role of Thingness in Property
B. The Notion of IP as Intangibles
C. The Structural Particularities of Various IP Rights
D. The Object Function in IP Law: Distinction between Concrete Object and Legal Object (Rights in Rem)
E. IP as Monopolies?
F. The Concepts of Resource and Information in Relation to IP
G. Exclusive Rights and Remuneration Rights in IP Law
H. Conclusion: On Property in the Structuring of Rights
4. Property as Assets
Part II: Implications of the three aspects of property
5. Conclusions to Be Drawn from the Justification of Rights
Introduction
A. Conclusions Drawn from Common Grounds of Justification
B. Problems with Different Justification Grounds
C. Justifying IP in the International Context
D. Conclusion
6. Conclusions to Be Drawn from the Structure of Rights
Introduction
A. The Relation between Justification and Structure
B. IP Boundaries
C. Abstraction Levels in IP Law
D. The Concept of Use/Exploitation of IP Law – in Particular in Relation to Copyright
E. Conclusions on IP as Objects
7. Conclusions to Be Drawn from IPRs as Assets
Introduction
A. Alienability v. Inalienability of IPRs
B. Transfers and Securitazation of IPRs: The Impact of the Nature of the Legal Object
C. The Interface between the Transfer of IPRs and the Transfer of Copies of IP-Protected Subject Matter
D. Takings/Expropriation of IPRs
E. IPRs as Property in Assets v. Other Fundamental Rights
F. Conclusions on IPRs as Assets
8. Final Conclusions
Bibliography
Index.
Published
Cambridge, England, UK : Cambridge University Press, 2018.
Copyright
©2018
Language
English
Record Appears in