A Critique of the Ontology of Intellectual Property Law
A Critique of the Ontology of Intellectual Property Law
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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.
- Provides a historical account of the emergence of the concepts of copyrightable work and the patentable invention
- Offers a theoretical framework that describes daily IP practice and orients IP policy towards fostering innovation and entrepreneurship
- Explains the differences between the law and economics of real and intellectual property
Reviews & endorsements
‘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
Product details
April 2024Paperback
9781108735728
217 pages
228 × 150 × 12 mm
0.33kg
Available
Table of Contents
- 1. Introduction
- 2. Two ontologies
- 3. Two abstractions
- 4. Interim summary: an implausible paradigm
- 5. The legal explanatory power of the two ontologies
- 6. Normative critique of the abstract IP object.
