Intellectual property and the common law / edited by Shyamkrishna Balganesh, University of Pennsylvania, Law School.

Format:

Book

Contributor:

Balganesh, Shyamkrishna, editor.

Language:

English

Subjects (All):

Intellectual property.

Common law.

Physical Description:

1 online resource (xi, 563 pages) : digital, PDF file(s)

Other Title:

Intellectual Property & the Common Law

Place of Publication:

Cambridge : Cambridge University Press, 2013.

System Details:

text file

PDF

Summary:

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.

Contents:

Judges and property / Hanoch Dagan

Equitable intellectual property : what's wrong with misappropriation? / Henry E. Smith

The mixed heritage of federal intellectual property law and ramifications for statutory interpretation / Peter S. Menell

Interpretive methodology and delegations to courts : are "common-law statutes" different? / Margaret H. Lemos

Dynamic claim interpretation / Dan L. Burk

Did Phillips change anything? Empirical analysis of the Federal Circuit's claim construction jurisprudence / R. Polk Wagner and Lee Petherbridge

An empirical look at trade secret law's shift from common to statutory law / Michael Risch

The impact of codification on the judicial development of copyright / Christopher S. Yoo

Legal pragmatism and intellectual property law / Thomas F. Cotter

Copyright, custom, and lessons from the common law / Jennifer E. Rothman

Common law reasoning and cyber trespass / Emily Sherwin

The intellectual property clause's preemptive effect / Jeanne C. Fromer.

Trademark law's faux federalism / Mark P. McKenna

The normative structure of copyright law / Shyamkrishna Balganesh

Trade secret and human freedom / Madhavi Sunder

Laying bare an ethical thread : from IP to property to private law? / David Lametti

Technology and tracing costs : lessons from real property / Molly Shaffer Van Houweling

Intellectual usufructs : trade secrets, hot news, and the usufructuary paradigm at common law / Eric R. Claeys

The fault liability standard in copyright / Steven Hetcher

The concept of "harm" in copyright / Wendy J. Gordon

The role of unfair competition in the common law / Shyamkrishna Balganesh and Gideon Parchomovsky

The fractioning of patent law / Mark A. Lemley

Permanent injunctions as punitive damages in patent infringement cases / Paul J. Heald

Sequential injunctions in patent litigation : the gratuitous novelty of TiVo volume EchoStar / Richard A. Epsteinches.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139013550

Access Restriction:

Restricted for use by site license.