header-logo header-logo

25 June 2009 / Alistair Kelman
Issue: 7375 / Categories: Features
printer mail-detail

Against Intellectual Monopoly

Against Intellectual Monopoly: Michele Boldrin and David K. Levine

Thirty years ago the ordinary lawyer did not need to know about copyright save perhaps in the trite phrase “Copyright protects the form in which an idea is presented but not the idea itself”. Copyright issues were left to a specialist IP Bar of which I was then a member. Today copyright issues arise in the day to day work of a commercial solicitor. But while there are balanced practitioners textbook for every other field the main practitioners textbooks (Copinger & Skone James on Copyright   ISBN: 9781847031280 and The Modern law of Copyright and Designs ISBN: 9781405717984) both fail to genuinely set out the law and the intellectual arguments in a comprehensive and sensible form.  Written by practitioners in specialist IP chambers they are a history of the world written by the victors.
Partly this is a consequence of the English legal systems’ requirement that the loser pays the other side’s costs—so English judges never have the benefit of any amicus curiae briefs to assist the court

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll