\(
\def\WIPO{World Intellectual Property Organisation}
\)
Details
Title
The Subject Matter of Intellectual Property
Author
Item Type
Journal article
Description
1 online resource
ISBN
9780191767845 eBook
Summary
This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. Definitions and intellectual property subject matter
2. An overview of intellectual property rights and systems
3. A framework for thinking about intellectual property subject matter
4. The invention and plant variety
5. The authorial work
6. The trade mark, other product designations, and goodwill
7. The design.
2. An overview of intellectual property rights and systems
3. A framework for thinking about intellectual property subject matter
4. The invention and plant variety
5. The authorial work
6. The trade mark, other product designations, and goodwill
7. The design.
Series
Source of Description
Online resource
Linked Resources
Published
Oxford: Oxford University Press, 2017.
Language
English
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