Chapter 5: Form and the interpersonal/social dimension
The intellectual property system, in allowing individuals to appropriate ideas using the force of law, provokes a debate in which will feature the opposed attitudes of individualism and altruism. Showing how the form of legal directions relates to these opposing paradigms goes some way to render the contribution of ‘policy’ in decision making more intelligible in this area of the law. How far the rule form is associated with securing claims and strengthening the position of right holders and the standard form associated with limiting scope and facilitating public access reveals important aspects of how the law regulates the relations between rights owners and users and how the law gives effect to the notion of the public interest. Keywords: individualism; altrusim; rules; standards
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.