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

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll