This book is the result of a long-term comparative research project
on intellectual property, with topics ranging from patents to
copyright, examined across 16 jurisdictions. It does not aim at
commenting on current policy issues. The country reports unearth
the culturally, morally and historically imprinted thought patterns
across Europe which underpin current discussions on the
appropriation of information, and which do not change quickly. The
research results question the common narratives of the
distinctiveness of private and public law, of contracts and
property, and of morality and the law. The point of departure is
the public good character of information, with the focus being on
public interests pursued when assigning information as property.
The 14 selected cases, based on recent, and in some cases
futuristic when the project began in 2001, scenarios, aim to
identify how boundaries to information property emerge, the areas
of law that are applied and the principles that are followed in
order to balance the conflicting interests at stake. The issues
discussed revolve around well-known interfaces such as IP and
competition law, monetary interests versus personal interests in
human genome data, individual freedoms-to-operate versus collective
action models as found in basic research or ‘creative commons’.
The book shows how some national discussions appear similar on the
surface, in terms of resorting to parallel principles, but
subsequent domestic policy answers vary greatly. Even legislation
which aims at harmonisation may result into more diversity.
Inversely, we found legal institutions applied which install
contrasting legal rules which however aim at exactly the same
behavioural change. The national reports in Part III are
complemented by comparative analyses by the editors, whilst the
chapters in Part II are dedicated to an analysis of the submissions
from a theoretical point of view, departing from the editors’ own
research interests. The chapter in Part I describes the overall
‘Common Core’ research method, which splits the national
reports into operative, descriptive and metalegal formants.
Boundaries of Information Property is aimed at researchers in IP
and practitioners interested in the foundational theory of their
subject. It is an inspiring read for those interested in the deeper
structures of regulating information. With a foreword by Sjef van
Erp (em. University of Maastricht) and contributions by Christine
Godt (Carl von Ossietzky University of Oldenburg), Geertrui Van
Overwalle (University of Leuven), Lucie Guibault (Dalhousie
University), Deryck Beyleveld (University of Durham), Mike Adcock
(University of Durham), Ramūnas Birštonas (Vilnius University),
Maja Bogataj Jančič (Intellectual Property Institute, Ljubljana),
Konstantinos Christodoulou (University of Athens), Teresa Franquet
Sugrañes (University Rovira i Virgili), Pablo Garrido Pérez
(University of Barcelona), Christophe Geiger (Luiss Guido Carli
University), Silvia Gómez Trinidad (University of Barcelona),
Mariona Gual Dalmau (University of Barcelona), Aleksei Kelli
(University of Tartu), Tomaž Keresteš (University of Maribor),
Maja Lubarda (Lawyer, Ljubljana), Thomas Margoni (University of
Leuven), Jan Mates (Attorney-at-Law, Prague), Maureen O’Sullivan
(NUI Galway), Andrea Pradi (University of Trento), Martina Repas
(University of Maribor), Giorgio Resta (University of Rome 3),
Ole-Andreas Rognstad (University of Oslo), Cristina Roy Pérez
(University of Barcelona), Jens Schovsbo (University of
Copenhagen), Agnes Schreiner (University of Amsterdam), Simone
Schroff (Plymouth University), Tobias Schulte in den Bäumen
(Hapag-Llyod, Hamburg), Simona trancar (University of
Maribor), Tomasz Targosz (Jagiellonian University), Elżbieta
Traple (Jagiellonian University), and Gabriele Venskaityte
(European Commission, Brussels).
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