- [UNTITLED]
- Introduction and Guide for the Reader
- Notes on the Contributors
- Contract
- Tort
- Restitution
- Property
- Equity Property and Obligation
- The Nature and Functions of the State
- Regulation
- Review of Executive Action
- Judicial Review of Legislation
- Citizenship
- Discrimination
- Criminal law
- Criminology Crime's Changing Boundaries
- The International Legal Order
- Human Rights
- The European Union: Discipline Building Meets Polity Building
- Complex Polities
- Taxation
- The Welfare State
- Families
- Health: The Health Care System, Therapeutic Relationships, and Public Health
- Global Development and Impoverishment
- Corporations
- Competition
- Consumers
- Workers
- International Business and Commerce
- Intellectual Property
- The Media
- Abortion and Reproductive Rights
- The Environment
- Legislation and Rule-Making
- Civil Processes
- Criminal Process
- Lawyers and Legal Services
- International Legal Sanction Processes
- A Transnational Concept of Law
- Historical Research in Law
- Empirical Research in Law
- Legal Education
- The Role of Academics in the Legal System
- A Century of Legal Studies
- Law as an Autonomous Discipline
- Index
Abstract and Keywords
This article focuses on a group of doctrines that bear a family relation to each other, doctrines usually included under the rubric of ‘Intellectual Property’ (IP), and these include, among others, copyright, patent, trademark, trade secrecy, so-called ‘moral’ rights, rights in the topography of integrated circuits, rights in industrial design, plant breeder rights, rights of publicity, database rights, and rights against misappropriation. Not all nations recognize or enforce all the doctrines, but because of international obligations, most nations must recognize much of this list. Each doctrine involves restraining people from using or duplicating a pattern that is owned by, or associated with, another party. The article describes the primary areas of IP. This is followed by an outline of some of the dominant economic approaches, as economics provides the most developed line of systematic scholarship thus far.
Keywords: intellectual property law, legal scholarship, economic approaches, trademark, patent
Wendy J. Gordon is Professor of Law and Paul J. Liacos Scholar in Law at Boston University. Her articles include ‘An Inquiry into the Merits of Copyright’, Stanford Law Review, 41 (1989), 1343, ‘Fair Use as Market Failure’, Columbia Law Review, 82 (1982), 1600, ‘A Property Right in Self-Expression’, Yale Law Journal, 102 (1993), 1533, and ‘On Owning Information’, Virginia Law Review, 78 (1992), 149. Professor Gordon has been a Fulbright Scholar, and Visiting Senior Research Fellow at St John's College, Oxford. She is the recipient of several grants and honours, most recently an award from the Ronald A. Cass Fund for Teaching Excellence.
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- [UNTITLED]
- Introduction and Guide for the Reader
- Notes on the Contributors
- Contract
- Tort
- Restitution
- Property
- Equity Property and Obligation
- The Nature and Functions of the State
- Regulation
- Review of Executive Action
- Judicial Review of Legislation
- Citizenship
- Discrimination
- Criminal law
- Criminology Crime's Changing Boundaries
- The International Legal Order
- Human Rights
- The European Union: Discipline Building Meets Polity Building
- Complex Polities
- Taxation
- The Welfare State
- Families
- Health: The Health Care System, Therapeutic Relationships, and Public Health
- Global Development and Impoverishment
- Corporations
- Competition
- Consumers
- Workers
- International Business and Commerce
- Intellectual Property
- The Media
- Abortion and Reproductive Rights
- The Environment
- Legislation and Rule-Making
- Civil Processes
- Criminal Process
- Lawyers and Legal Services
- International Legal Sanction Processes
- A Transnational Concept of Law
- Historical Research in Law
- Empirical Research in Law
- Legal Education
- The Role of Academics in the Legal System
- A Century of Legal Studies
- Law as an Autonomous Discipline
- Index