Book contents
- IP Accidents
- Cambridge Intellectual Property and Information Law
- IP Accidents
- Copyright page
- Contents
- Figures, Tables, and Examples
- Acknowledgements
- Table of Cases
- Table of Statutes and Treaties
- Abbreviations
- I Introduction
- 2 Accidents
- 3 History
- 4 Efficiency and Equity
- 5 Fairness
- 6 Negligence
- 7 Conclusion (on Property, Tort, and IP)
- Bibliography
- Index
- Cambridge Intellectual Property and Information Law
3 - History
Published online by Cambridge University Press: 24 January 2022
Book contents
- IP Accidents
- Cambridge Intellectual Property and Information Law
- IP Accidents
- Copyright page
- Contents
- Figures, Tables, and Examples
- Acknowledgements
- Table of Cases
- Table of Statutes and Treaties
- Abbreviations
- I Introduction
- 2 Accidents
- 3 History
- 4 Efficiency and Equity
- 5 Fairness
- 6 Negligence
- 7 Conclusion (on Property, Tort, and IP)
- Bibliography
- Index
- Cambridge Intellectual Property and Information Law
Summary
IP accidents were a relatively small problem in the nineteenth century. Strict liability was an appropriate liability rule at this time because avoiding accidents was comparatively easy. However, due to changes in technology and the legal system, the volume of IP accident litigation has grown during the twentieth and twenty-first centuries. Just as the tort of negligence was created during the Industrial Revoluion to handle the increase in accidental personal injury litigation, society should adopt a negligence principle to govern IP accidents in the Information Age.
Keywords
- Type
- Chapter
- Information
- IP AccidentsNegligence Liability in Intellectual Property, pp. 30 - 50Publisher: Cambridge University PressPrint publication year: 2022