This innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses. Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives. This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners. Provided by publisher.
Note
Includes index.
Formatted Contents Note
Introduction Part I: The Lore of Property and Contract 1. Locke’s (Own) Literary Property 2. The Lawful Piracy of James Joyce’s Poems Part II: The Lore of Intangibility 3. Pope versus Curll (1741) Revisited: Being a fair and true Account of the Views of certain well-respected Authors on Publishing, Piracy and Property in the Eighteenth Century; 4. Neilson v. Harford: Shape and Form in Patent Law Part III: The Lore of Authorship 5. The Stolen Poem of Saint Moling; 6. A Critical Review of the Quest for Global Protection of Traditional Knowledge: Politico-Economic Concerns; 7. Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A Study Part IV: The Lore of Common Law 8. Radical Patent Law Reform in a Common Law Enabling System: A Metahistory; 9. The Legacy of the Seasons: Confusion and Misdirection Part V: The Lore of Courts 10. ‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence; 11. In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court Part VI: The Lore Of Intellectual Property, Human Rights And Development 12. Is there a Constitutional Right to Intellectual Property in South Africa? Revisiting the Case of In re Certification of the Constitution of the Republic of South Africa, 1996; 13. Biotechnology Sector in India Part VII: The Lore of Intellectual Property during Wartime 14. International Trade Mark Enforcement under the Versailles Treaty: A Case Study of Sanatogen; 15. ‘A Process of experimentation’: Intellectual Property, War and Defence in Australasia Index