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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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Legal pointillism in court: towards the composition of judgment

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Interlude ~ turning to legal practice: outlines of a transversal approach

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Grounds of the Immaterial

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.
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Grounds of invention at the law firm: proceedings of a technological dispute

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Conclusion: immaterial performances in the life of the legal dispute

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Coda ~ philosophy and law: a conflictive encounter

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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Acknowledgments and sources

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

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David Booton

This book sets out to expose, analyse and evaluate the conflicting conceptions of legal judgment that operate in intellectual property law. Its central theme is the opposition between law-making by way of the creation of generally applicable rules and law-making done at the point of application through case-by- case decisions tailored to the particulars of individual circumstances. Through an exploration of form, the analysis sets out to provide insights into how intellectual property law achieves a balance between various competing interests.
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Steven Ang