Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-01T22:44:38.515Z Has data issue: false hasContentIssue false

2 - Accidents

Published online by Cambridge University Press:  24 January 2022

Patrick R. Goold
Patrick R. Goold
Affiliation:
City Law School, University of London
Get access

Summary

This chapter introduces the concept of IP accidents. Infringements are accidental when, ex ante, the user could only perceive a risk of infringement. IP accidents are a highly pervasive, yet underacknowledged, problem in IP law. In order to achieve the correct balance between incentives and access, IP law must treat accidental infringements differently from other types of infringement.

Keywords

The concept of IP accidentstaxonomy of accidentsprevalence of accidentsliterature reviewcreative risk
Type
Chapter
Information
IP Accidents
Negligence Liability in Intellectual Property
 , pp. 9 - 29
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Accidents
  • Patrick R. Goold
  • Book: IP Accidents
  • Online publication: 24 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781108882576.002
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Accidents
  • Patrick R. Goold
  • Book: IP Accidents
  • Online publication: 24 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781108882576.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Accidents
  • Patrick R. Goold
  • Book: IP Accidents
  • Online publication: 24 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781108882576.002
Available formats
×