A Critique of the Ontology of Intellectual Property Law
Alexander Peukert author Gill Mertens translator
Format:Paperback
Publisher:Cambridge University Press
Published:18th Apr '24
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- Hardback£100.00(9781108498326)
This book provides a comprehensive critique of the idea that 'intellectual property' exists as an object that can be owned.
Alexander Peukert provides the first comprehensive critique of the idea that 'intellectual property' (IP) exists as an abstract object that can be owned. This book develops an alternative IP theory, according to which IP rights provide their holders with an exclusive privilege to use 'Master Artefacts'.Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
'A Critique of the Ontology of Intellectual Property Law presents a radical reassessment of contemporary IP law. Alexander Peukert argues that the abstract property model upon which the law rests is fake. He traces the historical development of this model and demonstrates its tendency to support commodification, before proposing an alternative, more materialist form of regulation for the products of creativity and inventiveness. This erudite book throws down an important challenge to common assumptions and therefore deserves close attention from all scholars of IP law.' Jonathan Griffiths, Queen Mary University of London
'The ontology of IP law is one of the most fascinating, but also one of the most complex tenets within IP law. The type/token ontology is often seen as and inscrutable theory, puzzling many IP scholars. With great eloquence and scientific rigour, Alexander Peukert unveils the enigmatic contrast between the abstract and concrete dimension of IP rights. His book is a must-read for IP scholars who wish to expose themselves to a more thoughtful, multi-layered and thrilling examination of IP law.' Geertrui Van Overwalle, Katholieke Universiteit Leuven
'This fascinating book is a 'must' for every scholar and practitioner interested in exploring the true character and nature of intellectual property rights. The author challenges traditional IP notions and proposes quite intriguing alternative approaches to the concept of the IP object. Whether or not one believes that IP resembles 'real property', this book will give the reader plenty of food for thought. Read to get intellectually stimulated!' Ole-Andreas Rognstad, University of Oslo
ISBN: 9781108735728
Dimensions: 229mm x 152mm x 12mm
Weight: 322g
217 pages