Document Type
Book Chapter
Publication Date
2020
DOI
https://doi.org/10.1093/oso/9780198851356.003.0007
Abstract
Intellectual property law remains a body of private law, but for reasons that transcend its reliance on ideas and concepts from the common law of property and tort. This essay argues that the connection between forms of intellectual property law and private law is rooted in a form of autonomy that characterizes private law regimes — known as “redressive autonomy.” It shows how a strong commitment to redressive autonomy undergirds the unique right–duty structure of intellectual property, informs intellectual property’s central doctrines, and injects an additional layer of normative complexity into its functioning.
Disciplines
Intellectual Property Law | International Law | Law
Recommended Citation
Shyamkrishna Balganesh,
Intellectual Property Law and Redressive Autonomy,
Oxford Studies in Private Law Theory, Volume 1, Paul B. Miller & John Oberdiek (Eds.), Oxford University Press
(2020).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4236