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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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Acknowledgments and sources

A Conflict-Based Approach to Intellectual Rights

Niels van Dijk

Front Cover: Courtroom fight at Yavapai County Courthouse, Prescott, Arizona, 3 December 1883 (adapted by Rutger van Dijk and the author).
Images, pp. 77–8: Three box-filling machines (Laura Muiño and the author).
Image, p. 121: Fragment from Michelangelo’s Last Judgment, 1541.
Figure 4.1, p. 126: Monadic court architecture (author).
Images, pp. 152–3: Four olive oil spouts (Laura Muiño and the author).
Image, p. 179: Two marks of trade (author). The image of the electric plug above the DEQU letters is created by qubodup. The image of the crystal above the DQ letters is created by Dennis J. Kincaid.
Figure 4.2, p. 207: Tarpaulin of D as depicted in drawing 3 of European Patent 1405804.
Figure 4.3, p. 207: Tarpaulin of A as depicted in the judgment by the court [anonymized].
Figure 4.4, p. 210: Fragment of tarpaulin of D as depicted in drawing 3 of European Patent 1405804.
Figure 5.1, p. 242: Life of the legal dispute (author).