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.
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