Constructing Intellectual Property by Alexandra George

By Alexandra George

What's "intellectual property"? This ebook examines the way this crucial region of legislation is built by way of the felony approach. It argues that highbrow estate is a physique of principles, created via the felony method, that keep an eye on the documented different types of summary items, that are additionally outlined into lifestyles via the criminal procedure. highbrow estate legislation therefore constructs its personal gadgets of law, and it does so throughout the software of a suite of center thoughts. by means of interpreting the metaphysical constitution of highbrow estate legislations and the ideas the felony procedure makes use of to build "intellectual property," the publication sheds new mild at the nature of this attention-grabbing sector of legislations. It explains anomalies among social and highbrow estate makes use of of thoughts equivalent to authorship - the following dubbed "creatorship" - and originality, and it is helping to provide an explanation for the position of highbrow estate from a structural (rather than the normal normative) point of view.

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Extra resources for Constructing Intellectual Property

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INTRODUCTION 29 Just as fairy tales establish behavioural norms, so too does law. Just as the authors of fairy tales use speciic literary devices to construct their stories, law-makers use speciic techniques to construct intellectual property’s objects of regulation. This book concerns itself not with the justice or otherwise of the norms contained in those laws, or with the reasons they came about, but with how and in what form they came to exist. It is concerned not with whether those norms are right or wrong, but with the mechanics of their construction and reproduction.

What a beautiful pattern! And how well everything its! ’ INTRODUCTION 5 The master of ceremonies announced that the procession was ready to begin. The chamberlains each pretended to hold the emperor’s train in their hands, anxious that others might realize they could not see anything. The emperor marched in the procession under the regal canopy, and everyone in the street or peering from windows exclaimed, ‘Indeed, the new suit is incomparable! How elegant! ’ Admitting that they could see nothing would have been tantamount to proclaiming themselves criminals, so the pretence was perpetuated.

He could see nothing on the looms. ’ His heart raced. ‘Am I really a law-breaker? I should never have thought so, but why can’t I see the cloth? I must not let anybody know. Can it be possible that I have broken the law and am not it for my ofice? ’ ‘How pretty! It is exceedingly beautiful,’ commented the poor man. ‘What a lovely pattern and brilliant colours. ’ The two swindlers looked delighted and told him how they had chosen the luminescent colours to weave into the fabric’s striking pattern.

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