Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
19 - Open Yet Secret – Trading of Tangible Goods and Trade Secrets
from A - Intellectual “Property” and its Limits
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- 16 The (Lack of) Coherence of Data Ownership with the Intellectual Property System
- 17 The Threefold Fictitiousness of Intellectual Property
- 18 An Intellectual Property Structural Engineer Extraordinaire and Her Lifelong Quest for Coherence
- 19 Open Yet Secret – Trading of Tangible Goods and Trade Secrets
- 20 From Smörgåsbord to New Nordic Cuisine: EUHarmonization of Trade Secrets Protection in the Nordic Countries
- 21 Trade Mark Rights and Parallel Imports vis-à-vis the Never-Ending Evolution of the Behavior of Firms: Transition and Coherence Put to a Test
- 22 Legal Concept of “Exhaustion”: Exhausted?
- 23 Building Coherence in Technological Transitions: Putting Exploitation at the Core of IP
- 24 “Accessory Exhaustion” – and Use of a Work as a Work
- B IP Overlaps
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
Intellectual property law aims to promote innovation and creativity. If successful, it would lead to proliferation of innovative technologies and creative expression. As a result, intellectual property law does need to deal periodically with new technologies. New technologies first challenge categories of subject matters of intellectual property. As each subsystem of intellectual property follows a rationale that may uniquely fit its subject matter, having categorically defined subject matter eligibility rules provides certainty and efficiency in regulation. However, as commercial opportunities expand and develop without heed to legal categories, every new technological disruption may raise claims of under- or over-expansive protection.
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 242 - 253Publisher: Cambridge University PressPrint publication year: 2021