TY  - GEN
N2  - Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
AB  - Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
T1  - A Critique of the Ontology of Intellectual Property Law.
AU  - Peukert, Alexander
CN  - KK2636
LA  - eng
ID  - 44753
KW  - Intellectual Property
KW  - International Trade law.
KW  - Legal Philosophy
SN  - 9781108653329
TI  - A Critique of the Ontology of Intellectual Property Law.
LK  - https://www.cambridge.org/core/books/critique-of-the-ontology-of-intellectual-property-law/1F79FB38A83EB309427B096A0827910F
UR  - https://www.cambridge.org/core/books/critique-of-the-ontology-of-intellectual-property-law/1F79FB38A83EB309427B096A0827910F
ER  -