Forgotten Intellectual Property Lore

Name: Forgotten Intellectual Property Lore
Author: Edited by Shubha Ghosh

Creativity, Entrepreneurship and Intellectual Property

9781788978705 Edward Elgar Publishing

Elgar Law and Entrepreneurship series

Edited by Shubha Ghosh, Crandall Melvin Professor of Law; Director, Technology Commercialization Law Program and Director, Syracuse Intellectual Property Law Institute, Syracuse University College of Law, US

Publication Date: 2020 ISBN: 978 1 78897 870 5 Extent: 448 pp

This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.

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This innovative book explores forgotten disputes over intellectual property and the ways in which authors, inventors, publishers, courts, and sovereigns have managed these disputes throughout the centuries. With an eye on reform, it chronicles the resilience of legal rules and challenges the methodology behind traditional legal analyses.

Disentangling lore from traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses. They explore the context of particular cases to reveal the ramifications of specific doctrines for the evolution of intellectual property practices. Chapters illuminate the various facets of intellectual property lore: contract, authorship, common law, and wartime property. Utilising novel methods and previously unpublished materials on copyright, patent, and trademark law, the book examines legal history and developments from multiple perspectives.

This rich and accessible book will prove to be a valuable resource for students, academics of intellectual property law, and legal historians. Its use of new materials and exploration of key cases will also be beneficial for intellectual property legal practitioners.

Critical Acclaim

‘Behind IP law is IP lore: all the history, ideas, personalities, and traditions (real and imagined) that give intellectual property its real-world meaning and content. Creativity, Entrepreneurship and Intellectual Property brings these settings to the forefront in a mind-expanding collection. The book spans continents and centuries, unfolding like a vivid anthology of short stories about literature, innovation, and commerce from medieval Ireland to Industrial-Age America to modern-day India and South Africa. Readers will not see intellectual property the same way again.’
– Christopher Beauchamp, Brooklyn Law School, US

‘This wide-ranging set of essays serves as a provocation to reconsider many truisms about the forms, requirements, rationales, and logics of intellectual property. Moving from Lockean ownership and lawful piracy to theories of authorship and patent reform, the contributors use a variety of methodological perspectives to investigate and reframe some of IP law’s best-known just-so stories.’
– Simon Stern, University of Toronto, Canada

Contributors

Contributors: K.K. Alvin, A. Banerjee, D. Beldiman, C. Bond, G. Dutfield, S.F. Ernst, B.L. Frye, S. Ghosh, J.C. Lai, J.A. Lefstin, E.K. Oke, M. Perry, Z.S. Rosen, R. Schoff Curtin, M. Sengupta, K.K. Singh, R. Spoo, U. Suthersanen

Contents

Contents:

List of Contributors
Introduction

PART I THE LORE OF PROPOERTY AND CONTRACT
1. Locke’s (Own) Literary Property
Rebecca Schoff Curtin

2. The Lawful Piracy of James Joyce’s Poems
Robert Spoo

PART II THE LORE OF INTANGIBILITY
3. Pope versus Curll (1741) Revisited: Being A fair and true Account of the Views of certain well-respected Authors on Publishing, Pyracy and Propertie in the Eighteenth Century
Graham Dutfield and Uma Suthersanen

4. Neilson v. Harford: Shape and Form in Patent Law
Jeffrey A. Lefstin

PART III THE LORE OF AUTHORSHIP
5. The Stolen Poem of Saint Moling
Brian L. Frye

6. A Critical Review of the Quest for Global Protection of Traditional Knowledge: Politico-Economic Concerns
Kosgei Kembol Alvin

7. Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A Study
Mayuree Sengupta

PART IV THE LORE OF COMMON LAW
8. Radical Patent Law Reform in a Common Law Enabling System: A Metahistory
Samuel F. Ernst

9. The Legacy of The Seasons: Confusion and Misdirection
Mark Perry

PART V THE LORE OF COURTS
10. ‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence
Shubha Ghosh

11. In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme Court
Zvi S. Rosen

PART VI THE LORE OF INTELLECTUAL PROPOERTY, HUMAN RIGHTS AND DEVELOPMENT
12. Is there a Constitutional Right to Intellectual Property in South Africa? Revisiting the Case of In re Certification of the Constitution of the Republic of South Africa, 1996
Emmanuel Kolawole Oke

13. Biotechnology Sector in India
Kshitij Kumar Singh

PART VII THE LORE OF INTELLECTUAL PROPERTY DURING WARTIME
14. International Trade Mark Enforcement Under the Versailles Treaty: A Case Study of Sanatogen
Arpan Banerjee and Dana Beldiman

15. ‘A Process of experimentation’: Intellectual Property, War and Defence in Australasia
Catherine Bond and Jessica C Lai

Index