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Shubha Ghosh

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Legal theory: from intellectual property to informational goods

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Peggy E. Chaudhry

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Edited by Peggy E. Chaudhry

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Acknowledgments and sources

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Edited by Peggy E. Chaudhry

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Edited by Duncan Matthews and Herbert Zech

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Claudia Mund

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David Booton

Rules provide a before-the-fact specification of legal outcome. They may be contrasted with standards, which differ in the degree of discretion they allow the decision maker. Sometimes circumstances dictate that rules are appropriate, and sometimes not. Often, though not invariably, the choice comes down to a decision as to whether certainty of expectation should be given priority over flexibility in the particular context subject to regulation. There are many areas of intellectual property law which conform to this pattern. But there is a more complex story to tell in respect of the fundamental context of marking the boundaries of protectable subject matter. Broad ‘pro-rules’ and ‘pro-standards’ positions in intellectual property law can be related to ideas concerning the use and sharing of ideas and the role of law in this aspect of the ordering of society. Keywords: form; substance; duties; rights; intellectual property

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Edited by Gustavo Ghidini, Hanns Ullrich and Peter Drahos