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Intellectual Property and Property Rights

Critical Concepts in Intellectual Property Law series
Edited by Adam Mossoff, Professor of Law, George Mason University School of Law, Virginia, US
Intellectual Property and Property Rights is an invaluable reference work in light of the increasingly important policy debates over patents, copyrights and other intellectual property rights. This insightful single volume consists of influential articles by leading scholars addressing the interconnections between intellectual property rights and property rights. Topics include the justification for intellectual property as property, the historical development of intellectual property rights as property rights and whether intellectual property can be conceptually framed as a property right.
Extent: 924 pp
Hardback Price: £284.00 Online: £255.60
Publication Date: 2013
ISBN: 978 1 78100 716 7
Availability: In Stock
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  • Law - Academic
  • Intellectual Property Law
Intellectual Property and Property Rights is an invaluable reference work in light of the increasingly important policy debates over patents, copyrights and other intellectual property rights. This insightful single volume consists of influential articles by leading scholars addressing the interconnections between intellectual property rights and property rights. Topics include the justification for intellectual property as property, the historical development of intellectual property rights as property rights and whether intellectual property can be conceptually framed as a property right.

With a new and original introduction by the editor, this is a must-have volume that will be of use to lawyers, judges, legal scholars, policy analysts, researchers and all those who need a one-stop resource for understanding the nature of intellectual property and property rights.
‘. . . this book stands out as a valuable acquisition for lawyers, judges, legal scholars and policy-makers as well as researchers and all those who need a handy, single-volume resource for understanding “the labours of the mind” and the dire need to protect intellectual property rights.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

‘This collection puts together the classic works exploring intellectual property rights and their relationship to traditional property rights, written by some of the foremost thinkers on both sides of that divide. A must-have for serious students of intellectual property and property alike.’
– R. Polk Wagner, University of Pennsylvania Law School, US
17 articles, dating from 1977 to 2011
Contributors include: L.C. Becker, T.W. Bell, E.R. Claeys, F.H. Easterbrook, R.A. Epstein, J. Hughes, E.W. Kitch, R.P. Merges, A. Mossoff, H.E. Smith
Contents:

Acknowledgements

Introduction Adam Mossoff

PART I PROPERTY THEORY AND INTELLECTUAL PROPERTY RIGHTS
A. Descriptive and Normative Accounts of "Intellectual Property" as Property
1. Lawrence C. Becker (1993), ‘Deserving to Own Intellectual Property’
2. Frank H. Easterbrook (1990), ‘Intellectual Property is Still Property’
3. Richard A. Epstein (2001), ‘Intellectual Property: Old Boundaries and New Frontiers’
4. Wendy J. Gordon (1993), ‘A Property Right in Self-Expression: Equality and Individualism in the Natural Law of Intellectual Property’
5. Robert P. Merges (2008), ‘The Concept of Property in the Digital Era’
6. Henry E. Smith (2007), ‘Intellectual Property as Property: Delineating Entitlements in Information’

B. Copyright
7. Justin Hughes (2006), ‘Copyright and Incomplete Historiographies: Of Piracy, Propertization, and Thomas Jefferson’
8. Richard A. Epstein (2005), ‘Liberty Versus Property? Cracks in the Foundations of Copyright Law’
9. Christopher M. Newman (2011), ‘Transformation in Property and Copyright’

C. Patents
10. Adam Mossoff (2007), ‘Who Cares What Thomas Jefferson Thought About Patents? Reevaluating the Patent “Privilege” in Historical Context’
11. F. Scott Kieff (2001), ‘Property Rights and Property Rules for Commercializing Inventions’
12. Edmund W. Kitch (1977), ‘The Nature and Function of the Patent System’

D. Trademarks
13. Mark P. McKenna (2006-2007), ‘The Normative Foundations of Trademark Law’

E. Trade Secrets
14. Robert G. Bone (1998), ‘A New Look at Trade Secret Law: Doctrine in Search of Justification’
15. Eric R. Claeys (2011), ‘Private Law Theory and Corrective Justice in Trade Secrecy’

PART II THE PROPERTY-BASED CRITIQUE OF INTELLECTUAL PROPERTY
16. Tom G. Palmer (1990), ‘Are Patents and Copyrights Morally Justified? The Philosophy of Property Rights and Ideal Objects’
17. Tom W. Bell (2008), ‘Copyright as Intellectual Property Privilege’