Concepts of Property in Intellectual Property Law: (Series Number 21 Cambridge Intellectual Property and Information Law)

Intellectual property law faces the challenge of balancing the interests of right holders and users in the face of technological change and inequalities in information access. Concepts of Property in Intellectual Property Law offers a collection of essays which reflect on the interaction between intellectual property and broader, more traditional, notions of property. It explores the way in which differing interpretations of the concept of property can affect the scope of protection in the law of copyright, patent, trade marks and confidential information. With contributions from leading and emerging scholars from a variety of jurisdictions, the book demonstrates how concepts of property can assist in shaping a conceptually coherent and balanced response to the challenges faced by intellectual property law.

Table of Contents:
Introduction Helena Howe and Jonathan Griffiths; Part I. Intellectual Property as Property: 1. On the prehistory of intellectual property Brad Sherman and Alain Pottage; 2. Property in brands: the commodification of conversation Dev Gangjee; 3. Trade secrets: intellectual property but not property Lionel Bently; 4. Equity, confidentiality and the nature of property Alastair Hudson; 5. How much 'property' is there in intellectual property? A German civil law perspective Thomas Dreier; 6. Properties of copyright: exclusion, exclusivity, non-interference and authority Hugh Breakey; 7. Alienability and copyright law Shyamkrishna Balganesh; Part II. Re-Shaping Intellectual Property Rights: The Role of Concepts from Wider Property Law: 8. Limiting copyright through property Michael Carrier; 9. Property concepts in European copyright law: the case of abandonment Robert Burrell and Emily Hudson; 10. The concept of the Anticommons: useful, or ubiquitous and unnecessary? David Lametti; 11. The Commons as reverse intellectual property or the model of inclusivity Severine Dussollier; 12. Property, sustainability and patent law: could the stewardship model facilitate the promotion of green technology? Helena Howe.

About the Author :
Dr Helena Howe is a lecturer in law at the University of Sussex. Her research interests lie in the relationship between property, intellectual property and environmental law and, in particular, conceptions of obligation and responsibility in these areas. She is the author of 'Copyright Limitations and the Stewardship Model of Property' (Intellectual Property Quarterly, 2011) and 'Lockean Natural Rights and the Stewardship Model of Property' (Property Law Review, 2013). Jonathan Griffiths is a senior lecturer in the School of Law at Queen Mary, University of London. He researches and writes on intellectual property law (particularly copyright law) and information law. He has published, in particular, on exceptions and limitations in copyright law and on the relationship between intellectual property and human rights. He is a member of the advisory board of the Nottingham Law Journal and is on the editorial board of The Journal of Media Law. He is an international contributing editor of the Media and Arts Law Review.