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Justine Pila

The Subject Matter of Intellectual Property


2017. 320 S. 241 mm
Verlag/Jahr: OXFORD UNIVERSITY PRESS; OUP OXFORD 2017
ISBN: 0-19-968861-3 (0199688613)
Neue ISBN: 978-0-19-968861-6 (9780199688616)

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A clear and practical guide to the categories of subject matter protected by the main Intellectual Property regimes, focusing on their constitutive aspects and differences.
Despite a rich academic literature in the field of intellectual property (IP), there has been little conceptual analysis of the subject matter that IP rights protect, and in reflection of this, little attention paid to the meaning of the terms used to denote those subject matter, including ´invention´, ´authorial work´, ´trade mark´, and ´design´. This book offers such an analysis, the first of its kind, with the aim of furthering understanding of each IP regime andof IP in general. By means of a nominal word:thing definitional exercise, it studies the terms in question with reference to their recent use by IP legal officials in order to offer a conceptual understanding of the objects that they denote.

The analysis proceeds in three main stages. At the first stage, the context in which the relevant terms fall to be defined is considered, with a particular focus on the nature, aims, and values of IP rights and systems. At the second stage, a theoretical framework for thinking about the subject matter protectable by IP in general is proposed, and certain focal questions for understanding such subject matter are derived. And finally, at the third stage, officials´ use of the legislative terms
that denote the subject matter protectable by IP regimes are considered in detail and the results of that consideration used to answer the focal questions. The result is a definition of each of the terms with reference to the objects that they denote, with a particular focus on the categories and
properties of the subject matter protectable by each IP regime, the methods by which those subject matter are individuated within each regime, the relationship between each subject matter and its concrete instances, and the manner in which each subject matter and its instances is known.
Pila´s book offers a stimulating and multifaceted contribution to the structure and purposes of intellectual property rights. Patrick Masiyakurima, The Edinburgh Law Review
Justine Pila, Fellow and Tutor in Law, St Catherine´s College, and Research Fellow at the Institute of European and Comparative Law, University of Oxford.