Kritika: Essays on Intellectual Property
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Kritika: Essays on Intellectual Property

Volume 4

Edited by Peter Drahos, Gustavo Ghidini and Hanns Ullrich

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.
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Chapter 6: Intellectual property and the bundle-of-rights metaphor

Séverine Dusollier

Abstract

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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