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Intellectual Property and the Common Law
About This Book
In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
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Table of contents
- Contents
- Contributors
- Acknowledgments
- Introduction
- Part I Judge-Made Intellectual Property Law
- Part II The Common Law Method in Intellectual Property
- Part III State Intellectual Property Law
- Part IV Plural Values in Intellectual Property
- Part V Parallels between the Substantive Common Law and Intellectual Property
- Index