Overview

Form in Intellectual Property Law sets out to expose, analyse and evaluate conflicting conceptions of legal judgement that operate in intellectual property (IP) law. Its central theme is the opposition between law-making through creation of general rules and law-making at the point of application through case-by-case decisions. Using examples drawn from statutory and common law materials, the book offers a critical analysis of the factors that influence the form of legal directions in IP law. Through an exploration of form, the work provides insights into how the law balances the interests of rights owners and users and, more broadly, how it serves the public interest. These insights provide a basis for the evaluation of the contemporary economic and ethical justifications that are commonly advanced in support of IP law. This book provides an original perspective on the significance of form in the law and will appeal to both academics and advanced students of IP law, as well as those interested in the law-making process, especially judicial decision-making and the exercise of judicial discretion.

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9781783470549

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Reviews

'In this wide-ranging work, David Booton throws fresh light on the underlying structure of intellectual property law and its mix of hard-edged rules and open-ended standards. The way certainty and flexibility are reconciled to achieve just results is explored through a wealth of examples from case law and legislation. Mr Booton's talent for expounding complex ideas clearly and directly ensures that anyone interested in the field - be they lawyer, scholar, judge, reformer, student, or member of the general public - will come away with a renewed understanding of the law's aspirations, and of its deficiencies. Highly recommended.' -- David Vaver, University of Oxford, UK and Osgoode Hall Law School, Toronto, Canada 'A fascinating and original insight into the operation of IP law - a must have for anyone serious about the subject' -- Margaret S. Llewelyn, University of Sheffield and Editor, Intellectual Property Quarterly 'A refreshing and thought provoking addition to IP scholarship: Booton offers an analysis of the rule-standard tension that lies within IP law. With its sweep of key issues in copyright, patent and trade mark laws (and the role played by equity in this area) he offers a new perspective on familiar material. The book ultimately explores the hypothesis that rules relate to certainty and securing claims while standards constrain the scope of rights and facilitate public access. -- Hazel Carty, University of Manchester, UK 'Form in Intellectual Property Law is erudite, wide-ranging and original. Engagingly written, it casts interesting new light on a number of fundamental concepts in IP.' -- Jonathan Griffiths, Queen Mary University of London, UK

'A fascinating and original insight into the operation of IP law - a must have for anyone serious about the subject' -- Margaret S. Llewelyn, University of Sheffield and Editor, Intellectual Property Quarterly 'A refreshing and thought provoking addition to IP scholarship: Booton offers an analysis of the rule-standard tension that lies within IP law. With its sweep of key issues in copyright, patent and trade mark laws (and the role played by equity in this area) he offers a new perspective on familiar material. The book ultimately explores the hypothesis that rules relate to certainty and securing claims while standards constrain the scope of rights and facilitate public access. -- Hazel Carty, University of Manchester, UK 'Form in Intellectual Property Law is erudite, wide-ranging and original. Engagingly written, it casts interesting new light on a number of fundamental concepts in IP.' -- Jonathan Griffiths, Queen Mary University of London, UK

Author Information

David Booton, University of Manchester, UK

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