
IP Accidents
Negligence Liability in Intellectual Property
Series: Cambridge Intellectual Property and Information Law; 59;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 17 March 2022
- ISBN 9781108841481
- Binding Hardback
- No. of pages200 pages
- Size 235x158x14 mm
- Weight 369 g
- Language English 664
Categories
Short description:
Introduces the concept of 'IP accidents' to establish a new way to look at intellectual property law and its enforcement.
MoreLong description:
In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent. But in the Information Age, where accidents are increasingly common, efficiency, equity, and fairness support the reform of IP to a negligence regime. Patrick R. Goold provides the most coherent explanation of how property and tort interact within the field of IP, contributing to a clearer understanding of property and tort law and private law generally.
'In this engaging, readable book, Patrick Goold makes a compelling case that we are wrong to hold people liable for inadvertently infringing patents and copyrights. He explains why this matters and what we can do about it.' Mark Lemley, William H. Neukom Professor of Law at and Director of the Stanford Program in Law, Science and Technology, Stanford Law School
Table of Contents:
1. Introduction; 2. Accidents; 3. History; 4. Efficiency and equity; 5. Fairness; 6. Negligence; 7. Conclusion (On property, tort, and IP).
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