Chapter 4: A conflict at the foundation
In something as fundamental as marking out the boundaries of protectable subject matter, form matters. The certainty of a rule depends on the context over which it exercises control. So far as the single foundational context of defining that which is protected, invariably the security of expectation that rules generate is compromised by the simultaneous operation of a standard that occupies the same territory as the rule. Whether we are talking of patents, copyright or trade mark, we are left with the question of why, in this context, there are rules at all given that their effects are embraced entirely by the operation of a standard. Keywords: subject matter; definition; rules; standards; security
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