By Alexandra George

What's "intellectual property"? This e-book examines the best way this significant sector of legislation is built by way of the felony procedure. It argues that highbrow estate is a physique of principles, created through the criminal process, that control the documented sorts of summary gadgets, that are additionally outlined into life by way of the felony method. highbrow estate legislations therefore constructs its personal gadgets of law, and it does so during the program of a set of center innovations. by way of examining the metaphysical constitution of highbrow estate legislation and the recommendations the criminal procedure makes use of to build "intellectual property," the publication sheds new gentle at the nature of this attention-grabbing region of legislations. It explains anomalies among social and highbrow estate makes use of of ideas equivalent to authorship - the following dubbed "creatorship" - and originality, and it is helping to provide an explanation for the function of highbrow estate from a structural (rather than the conventional normative) viewpoint.

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These are the areas that most of the examples are drawn from, and the majority of examples are taken from Australian and UK law. It might have become unwieldy and possibly confusing to draw regularly from many jurisdictions. In particular, slight differences in the ways in which various countries apply common standards might have distracted the discussion from the broader outlook needed if generalizations were to be drawn, trends were to be discovered, and hypotheses were to be made. The choice was therefore made to focus on the expression of intellectual property laws (and, by implicit extension, the way in which these comply with internationally mandated standards) in Australian and UK law.

The emperor’s clothes had never been so greatly admired: ‘How wonderful! ’ everybody agreed. ‘But he has nothing on at all,’ said a little child at last. ‘Goodness gracious! Listen to the voice of an innocent child,’ his father gasped. People whispered to each other what the child had said, and realization raced through the crowd. ‘But he has nothing on at all,’ everyone cried. That made a deep impression upon the emperor, as he thought they were right. ’ the emperor told himself sternly. 1 AND SO IT IS WITH INTELLECTUAL PROPERTY?

B. ), A Companion to Metaphysics (Oxford: Blackwell, 1995) at 225–227. INTRODUCTION 11 symbols, and knowledge, and the same holds true for the way in which people react to intellectual property laws. 3. Compliance with Assumptions and Social Norms Someone declares that those who cannot see the emperor’s new clothes are secret law-breakers, and it becomes the accepted wisdom that this is the way things are. Anyone who challenges this view risks being accused of undermining the legal system. 16 Psychiatrist Thomas 14 15 16 For example, consumers who do not understand intellectual property law or who do not buy ‘authentic’ objects of intellectual property when they can purchase identical or adequate copies (ie, unauthorized ‘fakes’) more cheaply are accused of supporting organized crime.

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