Hardback
Judicially Crafted Property Rights in Valuable Intangibles
An Analysis of the INS Doctrine
9781035335978 Edward Elgar Publishing
In this incisive book, Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
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Critical Acclaim
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In this incisive book, Apostolos G. Chronopoulos examines the doctrine of misappropriation offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
In the INS case, the Supreme Court held that a news agency may enjoin third parties from copying its news stories while these are still “fresh”. Chronopoulos seeks to clarify the heavily debated doctrinal issues that have since arisen as to: the exact legal nature of the recognized entitlement; whether the Supreme Court sought to establish a principle of general application; and the extent to which state claims to protect valuable intangibles under a common-law theory of liability survive federal pre-emption. Chronopoulos argues that the protection offered at state level should not be confined to the availability of a narrow tort of unfair competition protecting highly time-sensitive subject matter against parasitic appropriation by direct competitors; rather, the application of the misappropriation doctrine is bound to generate judge-made property rights in intangibles with time value.
This book is an indispensable resource for academics who would have an interest in re-exploring and revisiting the topic from a doctrinal perspective. The book’s theoretical groundwork can also be relied upon by practitioners for the purpose of building legal arguments.
In the INS case, the Supreme Court held that a news agency may enjoin third parties from copying its news stories while these are still “fresh”. Chronopoulos seeks to clarify the heavily debated doctrinal issues that have since arisen as to: the exact legal nature of the recognized entitlement; whether the Supreme Court sought to establish a principle of general application; and the extent to which state claims to protect valuable intangibles under a common-law theory of liability survive federal pre-emption. Chronopoulos argues that the protection offered at state level should not be confined to the availability of a narrow tort of unfair competition protecting highly time-sensitive subject matter against parasitic appropriation by direct competitors; rather, the application of the misappropriation doctrine is bound to generate judge-made property rights in intangibles with time value.
This book is an indispensable resource for academics who would have an interest in re-exploring and revisiting the topic from a doctrinal perspective. The book’s theoretical groundwork can also be relied upon by practitioners for the purpose of building legal arguments.
Critical Acclaim
‘In defending the US Supreme Court’s ruling in INS v. AP (1918), Apostolos Chronopoulos swims against the stream of academic and judicial opinion. His account reveals the doctrinal richness of a decision maligned for mushy reasoning and anticompetitive consequences, and makes a case for property rights in time-valuable business intangibles.’
– Jane C. Ginsburg, Columbia University School of Law, US
‘A convincing new reading of a case as famous as controversial, which still remains at the cross-roads of property, tort and the law of restitution. The author persuasively links the original discussions to current crucial debates.’
– Marco Ricolfi, Turin University, Italy
‘International News Service v. Associated Press, the subject of Apostolos Chronopoulos’s captivating book, presents the most profound philosophical issues such as to what extent the law should protect property rights in information. This book should be required reading for anyone interested in this timely subject.’
– Marshall Leaffer, Indiana University, US
‘The misappropriation doctrine spawned by INS v. AP has generated enough controversy to become tortuously knotty. Chronopoulos’s patient analytical skill works wonders of untangling and makes a persuasive case for a measured reinvigoration. This book is essential reading for anyone interested in sorting through the interplay of legislation, federalism, and interstitial common law in intellectual property.’
– Robert Brauneis, The George Washington University Law School, US
– Jane C. Ginsburg, Columbia University School of Law, US
‘A convincing new reading of a case as famous as controversial, which still remains at the cross-roads of property, tort and the law of restitution. The author persuasively links the original discussions to current crucial debates.’
– Marco Ricolfi, Turin University, Italy
‘International News Service v. Associated Press, the subject of Apostolos Chronopoulos’s captivating book, presents the most profound philosophical issues such as to what extent the law should protect property rights in information. This book should be required reading for anyone interested in this timely subject.’
– Marshall Leaffer, Indiana University, US
‘The misappropriation doctrine spawned by INS v. AP has generated enough controversy to become tortuously knotty. Chronopoulos’s patient analytical skill works wonders of untangling and makes a persuasive case for a measured reinvigoration. This book is essential reading for anyone interested in sorting through the interplay of legislation, federalism, and interstitial common law in intellectual property.’
– Robert Brauneis, The George Washington University Law School, US
