Grounds of the immaterial : a conflict-based approach to intellectual rights / Niels Van Dijk.

Format:

Book

Author/Creator:

Dijk, Niels Van, author.

Language:

English

Subjects (All):

Intellectual property.

Physical Description:

1 online resource (316 pages) : illustrations, tables

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2017.

Summary:

"This book applies a...conflict-based approach to the notions of 'idea', 'concept', 'invention' and 'immateriality' in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides...ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective. The book follows the legal proceedings of disputes in patent, copyright and trademark law as they circulate from the sites of enterprises, through the offices of law firms, the court registry, the courtroom and the judge's office, until they finally arrive at judgment. In this way, the central matters of a dispute are gradually transformed into immaterial works, inventions, or signs through the ceaseless 'material' operations of legal practices. This analysis sheds light on how seemingly abstract philosophical notions are rendered workable as concrete legal concepts with important consequences."-- Back cover.

Contents:

Introduction

Legal theory : from intellectual property to informational goods

Interlude: Turning to legal practice : outlines of a transversal approach

Grounds of invention at the law firm : proceedings of a technological dispute

Legal pointillism in court : towards the composition of judgment

Conclusion: Immaterial performances in the life of the legal dispute

Coda: Philosophy and law : a conflictive encounter.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78643-250-1