A Critique of the Ontology of Intellectual Property Law Paperback / softback
by Alexander Peukert
Part of the Cambridge Intellectual Property and Information Law series
Paperback / softback
Description
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.
Information
-
Less than 10 available - usually despatched within 24 hours
- Format:Paperback / softback
- Pages:217 pages, Worked examples or Exercises
- Publisher:Cambridge University Press
- Publication Date:18/04/2024
- Category:
- ISBN:9781108735728
Other Formats
- Hardback from £85.00
- EPUB from £72.25
Information
-
Less than 10 available - usually despatched within 24 hours
- Format:Paperback / softback
- Pages:217 pages, Worked examples or Exercises
- Publisher:Cambridge University Press
- Publication Date:18/04/2024
- Category:
- ISBN:9781108735728
