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Ugo Mattei and Alessandra Quarta

The Turning Point in Private Law 1.    Property law 1.    THE DOMINANT IDEA OF PROPERTY In this chapter, we discuss the modern paradigm of property law, or, in other words, the dominant idea of property shaped by (and shaping) the economic, social, and cultural elements of current forms of human organization. Legal narratives reflecting the dominant idea of property discount the tendency of lawyers to be left behind by technological developments. Lawyers constantly and belatedly try to subsume these developments into a stable fundamental legal

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Andrej Savin

EU Internet Law 6.    Intellectual property The European Union regulates intellectual property (IP) rights comprehensively. 1 Most of the areas traditionally included in IP law are addressed in various related policies and documents, covered by one or more Regulations or Directives and are frequently addressed in the Court of Justice of the European Union (CJEU). EU law affects national IP rights in two ways. First, it harmonizes various IP rights or establishes unitary EU-wide IP rights. We examine this aspect in the sections below. Secondly, it

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Miranda Forsyth

5  Intellectual property Miranda Forsyth INTRODUCTION Intellectual property rights (IPRs) are rights over intangible products of the human mind, such as designs, stories, creations, inventions, processes and knowledge. They are commonly classified into copyright, patent, trademark, designs, geographical indications of origin and an increasingly diverse array of other subject matter.1 Intellectual property today is linked to almost every sphere of life and the regulation of intellectual property rights is being woven in ever-tightening strands across the globe at

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Intellectual property

Applications

Miguel González-Maestre

✐ ✐ ✐ ✐ 14. Intellectual property Miguel González-Maestre∗ 1 INTRODUCTION In this survey, we discuss the current literature on intellectual property, from a perspective that takes into account two main features of the evolution of modern economies: First, the increasing level of complexity associated with the production and design of goods. This aspect is more relevant in some industries than in others. But it is clear that, in general, the development of new products is, increasingly, the result of assembling many parts, which, in turn, implies the

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Mark Busse

7 Property Mark Busse In colloquial English, ‘property’ refers to things that belong to a person or group. One thinks of things like land, houses, cars and paintings, and more recently, perhaps, of songs, software or artistic designs. Things, and the relationship between things and the people who own them, comprise the two parts of dictionary definitions of property as owning, being owned and things that are owned. While such usage emphasises property as objects or things, anthropologists and legal scholars generally understand property in terms of social

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Chris Hann

CHAPTER 07 21/2/05 8:54 AM Page 4 7 Property Chris Hann One key element in the anthropologist’s approach to property (as to other key concepts) is to ‘relativise’, to question whether the understanding that has emerged in our intellectual traditions can provide an adequate base for understanding others. The English term ‘property’ is closely tied to the history of enclosures and the emergence of capitalism. It may be misleading to conceive the complex, non-exclusive patterns of access and use characteristic of precapitalist land tenure in terms of property

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Thomas J. Miceli

~ ~~ ~ 9 Property Thomas J. Miceli Introduction The concept of property is fundamental to both law and economics. The law defines and protects the bundle of rights that constitute property, thereby creating the legal framework within which resource allocation and wealth distribution take place. The economic approach to property law emphasizes its role in promoting an efficient allocation of resources. Accomplishing this goal generally involves creation and protection of individual rights in property so as to encourage exchange and investment, though, in some

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Thomas J. Miceli

15 Property Thomas J. Miceli Introduction The concept of property is fundamental to both law and economics. The law defines and protects the bundle of rights that constitute property, thereby creating the legal framework within which resource allocation and wealth distribution take place. The economic approach to property law emphasizes its role in promoting an efficient allocation of resources. Accomplishing this goal generally involves creation and protection of individual rights in property so as to encourage exchange and investment, though, in some cases

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Yaëll Emerich

6. Objects of property rights The theory of civil law property is traditionally connected to a materialist conception of property, one in which the objects of ownership consist of things understood as corporeal property. The common law, for its part, is more open to immaterial property since the objects of property rights are always considered incorporeal, at least with respect to real property.1 The common law and civil law conceptions of property are, however, becoming more closely aligned. This chapter attempts to demonstrate that there is a current trend in

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Comparative Property Law

Global Perspectives

Edited by Michele Graziadei and Lionel Smith

Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.