This handbook challenges the conventional wisdom that intellectual property is the law of creativity. Traditionally, IP has been instrumental for protecting creations of the mind, with only inventors of original works enjoying exclusive rights. Related, sui generis, and quasi-IP rights, which protect monetary investments and efforts rather than originality and inventiveness, were considered exceptions to the general principles of IP. But increasingly, IP rights are being granted to safeguard corporate investments. This handbook brings together an international roster of contributors to explore this emerging trend. Why are investments the primary driver of legal protection, and often the main requirement to obtain it? Who benefits from such new forms of protection? What should the scope of these new rights be? And are they desirable in the first place? In doing so, the volume is the first to highlight and systematically critique the move from 'intellectual' to 'investment' property.
Author(s): Enrico Bonadio, Patrick Goold
Series: Cambridge Law Handbooks
Publisher: Cambridge University Press
Year: 2023
Language: English
Pages: 368
City: Cambridge
09.0_pp_1_24_Creativity_Pluralism_and_Fictitious_Narratives.pdf
I Creativity, Pluralism, and Fictitious Narratives: Understanding IP Law through Karl Polanyi
I.I Introducing the Chapter’s Aim
I.II Polanyi’s The Great Transformation
I.II.A Technology and Disembeddedness
I.II.B Labour and Investment as Fictitious Commodities
I.II.C Counter-Movements
I.II.D IP as a Motivations Landscape: Labour, Creativity and Investment
I.II.E Early Modern Era
I.II.F Res Becomes Fictious Commodities
I.II.G Rationales, Typology and Lexicon: More Fictitious Narratives
I.III Reimagining IP As a Pluralist Narrative
I.III.A Returning to Basics
I.III.B (Intellectual) Property as a Pluralist Concept
I.IV ‘Double Movement’: Our Narrative for IP Reform
I.IV.A Humanist, Communitarian and Stakeholder Aspects
I.IV.B Technology, Environment and Health as Public Goods
I.IV.C Lines for Analyses for Reform?
I.V Conclusion: The Polanyian Vision
