Form and Substance in Intellectual Property Law

Form and Substance in Intellectual Property Law

by David Booton


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Form and Substance in Intellectual Property Law by David Booton

Form in Intellectual Property Law sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions.
Using examples drawn from statutory and common law materials, the book offers a critical analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law.
This book provides an original perspective on the significance of form in the law and will appeal to both academics and advanced students of IP law, as well as those interested in the law-making process, especially judicial decision-making and the exercise of judicial discretion.

Product Details

ISBN-13: 9781783470549
Publisher: Elgar, Edward Publishing, Inc.
Publication date: 11/16/2014
Pages: 328
Product dimensions: 6.50(w) x 1.50(h) x 9.50(d)

About the Author

David Booton, University of Manchester, UK

Table of Contents

Contents: 1. Introduction 2. Form and legal adjudication 3. Legislative power and harmonisation 4. A conflict at the foundation 5. Form and the interpersonal/social dimension 6. Form and justifications Index

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