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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Form in Intellectual Property Law (Hardcover)
Loot Price: R3,735
Discovery Miles 37 350
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Form in Intellectual Property Law (Hardcover)
Expected to ship within 12 - 19 working days
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'A refreshing and thought-provoking addition to IP scholarship,
Booton offers an analysis of the rule-standard tension that lies
within IP law. With its sweep of key issues in copyright, patent
and trade mark laws (and the role played by equity in this area) he
offers a new perspective on familiar material. The book ultimately
explores the hypothesis that rules relate to certainty and securing
claims while standards constrain the scope of rights and facilitate
public access.' - Hazel Carty, University of Manchester, UK 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. sing
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.
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