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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll