Judicially Crafted Property Rights in Valuable Intangibles


Judicially Crafted Property Rights in Valuable Intangibles

An Analysis of the INS Doctrine

9781035335978 Edward Elgar Publishing
Apostolos G. Chronopoulos, Senior Lecturer in Intellectual Property Law, Centre for Commercial Law Studies, Queen Mary University of London and member, Queen Mary Intellectual Property Research Institute (QMIPRI), UK
Publication Date: August 2024 ISBN: 978 1 03533 597 8 Extent: c 384 pp
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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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. Practitioners would also find the book’s theoretical groundwork useful.
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
Table of cases
1 Introduction: a brief overview of the legal and policy issues
2 The INS case: a property right in news
3 Early applications of the INS doctrine: property rights in
the fruits of one’s labor, organizational efforts and goodwill
4 Federal pre-emption of state remedies against the
appropriation of valuable intangibles
5 Judge-made property rights in valuable intangibles: case
law analysis
6 Theoretical enquiries about the doctrinal underpinnings of
the misappropriation doctrine
7 Examining the relevance of various legal concepts to the INS case
8 Ethics, competition, freedom of speech, and judicial
engagement with property activity in respect of valuable
9 Conclusion: misappropriation as a doctrine enabling state
courts to recognize property rights in valuable intangibles
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