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

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