IP Accidents: Negligence Liability in Intellectual Property

This book argues that IP law should govern accidental infringement like tort law, with the accidental infringer liable only when their conduct was negligent. Patrick R. Goold's explanation of property and tort interaction contributes to a clearer understanding of property and tort law and private law.

Format: Hardback
Length: 200 pages
Publication date: 17 March 2022
Publisher: Cambridge University Press

In the twenty-first century, it has become remarkably effortless to inadvertently violate intellectual property (IP) laws. The challenges posed by orphan works, independent inventions, and IP trolls represent merely a glimpse of a much more fundamental issue: IP accidents. This book posits that IP law should adopt a similar approach to tort law in governing accidental infringements. Specifically, the accidental infringer should only be held liable for IP infringement when their conduct is deemed negligent. The current strict liability framework for IP infringement was appropriate in the nineteenth century, when IP accidents were relatively uncommon. However, in the Information Age, where accidents are becoming increasingly prevalent, the need for reforming IP to a negligence regime is paramount.

Patrick R. Goold offers a comprehensive explanation of how property and tort interact within the realm of IP, thereby contributing to a clearer understanding of property, tort, and private law in general. By examining the interplay between these legal disciplines, Goold sheds light on the complexities and nuances of IP law and its impact on individuals, businesses, and society as a whole.

One of the key arguments presented in the book is that IP law should not be solely focused on deterring intentional infringement. Instead, it should also address accidental infringements and provide a fair and reasonable framework for resolving disputes. The current strict liability approach, which imposes liability regardless of the infringer's intent or negligence, can be unfair and disproportionate, particularly for individuals or small businesses who may inadvertently infringe on IP rights.

On the other hand, a negligence regime for IP infringement would align with the principles of efficiency, equity, and fairness. It would allow for a more proportionate response to accidental infringements, taking into account the circumstances surrounding the violation. By holding the accidental infringer liable only when their conduct is negligent, the system would encourage responsible behavior and promote innovation and creativity without unduly penalizing those who make honest mistakes.

Furthermore, the book argues that a negligence regime for IP infringement would foster a better understanding of property and tort law. By examining the similarities and differences between these legal disciplines, scholars and practitioners can gain a deeper appreciation of the principles that govern both IP and other areas of law. This interdisciplinary approach can lead to more effective and efficient legal solutions and promote a more harmonious relationship between different branches of law.

In conclusion, IP accidents pose a significant challenge to the modern legal system. This book advocates for the adoption of a negligence regime for IP infringement, which would align with the principles of efficiency, equity, and fairness. By providing a more proportionate response to accidental infringements, the system would encourage responsible behavior and promote innovation and creativity without unduly penalizing those who make honest mistakes. Patrick R. Goold's comprehensive explanation of how property and tort interact within the field of IP contributes to a clearer understanding of property, tort, and private law in general, and his book is a valuable resource for scholars, practitioners, and policymakers alike.

Weight: 368g
Dimension: 159 x 235 x 17 (mm)
ISBN-13: 9781108841481
Edition number: New ed