Forgotten Intellectual Property Lore

Edited by Shubha Ghosh, Crandall Melvin Professor of Law; Director, Technology Commercialization Law Program and Director, Syracuse Intellectual Property Law Institute, Syracuse University College of Law, US

'Behind IP law is IP lore: all the history, ideas, personalities, and traditions (real and imagined) that give intellectual property its real-world meaning and content. Creativity, Entrepreneurship and Intellectual Property brings these settings to the forefront in a mind-expanding collection. The book spans continents and centuries, unfolding like a vivid anthology of short stories about literature, innovation, and commerce from medieval Ireland to Industrial-Age America to modern-day India and South Africa. Readers will not see intellectual property the same way again.'--Christopher Beauchamp, Brooklyn Law School, US'This wide-ranging set of essays serves as a provocation to reconsider many truisms about the forms, requirements, rationales, and logics of intellectual property. Moving from Lockean ownership and lawful piracy to theories of authorship and patent reform, the contributors use a variety of methodological perspectives to investigate and reframe some of IP law's best-known just-so stories.'--Simon Stern, University of Toronto, Canada

• Contents:List of ContributorsIntroduction PART I THE LORE OF PROPOERTY AND CONTRACT1. Locke’s (Own) Literary PropertyRebecca Schoff Curtin2. The Lawful Piracy of James Joyce’s PoemsRobert SpooPART II THE LORE OF INTANGIBILITY3. Pope versus Curll (1741) Revisited: Being A fair and true Account of the Views of certain well-respected Authors on Publishing, Pyracy and Propertie in the Eighteenth CenturyGraham Dutfield and Uma Suthersanen4. Neilson v. Harford: Shape and Form in Patent LawJeffrey A. LefstinPART III THE LORE OF AUTHORSHIP5. The Stolen Poem of Saint MolingBrian L. Frye6. A Critical Review of the Quest for Global Protection of Traditional Knowledge: Politico-Economic ConcernsKosgei Kembol Alvin7. Folklore vis-à-vis Intellectual Property of Bengal since 17th century: A StudyMayuree SenguptaPART IV THE LORE OF COMMON LAW8. Radical Patent Law Reform in a Common Law Enabling System: A MetahistorySamuel F. Ernst9. The Legacy of The Seasons: Confusion and MisdirectionMark PerryPART V THE LORE OF COURTS10. ‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property JurisprudenceShubha Ghosh11. In the Shadow of the Trade-Mark Cases: The 1881 Trademark Act and the Supreme CourtZvi S. RosenPART VI THE LORE OF INTELLECTUAL PROPOERTY, HUMAN RIGHTS AND DEVELOPMENT12. Is there a Constitutional Right to Intellectual Property in South Africa? Revisiting the Case of In re Certification of the Constitution of the Republic of South Africa, 1996Emmanuel Kolawole Oke13. Biotechnology Sector in IndiaKshitij Kumar SinghPART VII THE LORE OF INTELLECTUAL PROPERTY DURING WARTIME14. International Trade Mark Enforcement Under the Versailles Treaty: A Case Study of SanatogenArpan Banerjee and Dana Beldiman15. ‘A Process of experimentation’: Intellectual Property, War and Defence in AustralasiaCatherine Bond and Jessica C LaiIndex