Edited by Peter Drahos, Gustavo Ghidini and Hanns Ullrich
Chapter 6: Intellectual property and the bundle-of-rights metaphor
Intellectual property is generally understood as representing a form of property that is of the same nature or at least akin to property as it applies to chattel or land in general. This essay is aimed at better understanding the distinct characteristics of intellectual property as a regime for the creation, use and exploitation of works and inventions by analytically comparing, on the one hand, the concepts upon which property in tangible and intangible subject matter rests, and, on the other, the different views held in regard of property under common law and Continental civil law, respectively. Taking copyright as an illustration, the study demonstrates that the multi-faced bundle-of-rights metaphor is useful and flexible enough to explain how copyright organizes the intellectual production, circulation and exploitation of works.
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