Boundaries of Information Property

This book explores the boundaries of information property across 16 jurisdictions
jurisdictions, challenging common narratives of private and public law, contracts, and property. It examines how public interests are pursued when assigning information as property, using 14 selected cases to identify how boundaries emerge and how conflicting interests are balanced. The chapters in Part II analyze the submissions from a theoretical point of view, and the comparative analyses in Part III complement the national reports. The book is aimed at researchers and practitioners interested in the foundational theory of IP.

Format: Paperback / softback
Length: 800 pages
Publication date: 19 August 2022
Publisher: Intersentia Ltd

This comprehensive book is the culmination of a long-term comparative research project on intellectual property, encompassing a wide range of topics from patents to copyright, examined across 16 jurisdictions. Its primary objective is not to engage in current policy debates but rather to delve into the culturally, morally, and historically rooted thought patterns that shape current discussions on information appropriation. What sets this research apart is its focus on the public good character of information, with a particular emphasis on the public interests pursued when assigning information as property.

To explore these complex issues, the book presents 14 selected cases, each based on recent and, in some cases, futuristic scenarios, when the project began in 2001. These cases aim to identify the boundaries that emerge in the realm of information property, the areas of law applied, and the principles followed to balance the conflicting interests at stake. The issues discussed revolve around well-known interfaces such as intellectual property (IP) and competition law, as well as the interplay between monetary interests and personal interests in human genome data.

What makes this book particularly insightful is its ability to showcase how national discussions on information property can appear similar on the surface, resorting to parallel principles. However, the domestic policy responses to these issues vary greatly, even within countries that aim for harmonization. In some instances, legislation designed to promote uniformity may inadvertently lead to increased diversity. Conversely, legal institutions may apply contrasting legal rules that ultimately achieve the same behavioral change.

The national reports presented in Part III of the book are complemented by comparative analyses conducted by experts in the field. These analyses provide a deeper understanding of the nuances and complexities of information property law across different jurisdictions, shedding light on the broader global landscape.

Overall, this book is a valuable resource for scholars, policymakers, and anyone interested in understanding the evolving dynamics of intellectual property and its impact on society. It offers a comprehensive and interdisciplinary perspective on a topic that is crucial to our digital age, challenging our assumptions and prompting us to reevaluate the legal frameworks that govern information in the 21st century.

Weight: 1450g
Dimension: 161 x 242 x 49 (mm)
ISBN-13: 9781839702303