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Book review : Ole-Andreas Rognstad, Property aspects of intellectual property (Cambridge University Press 2018)
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1973-2937
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European journal of legal studies, 2019, Vol. 11, No. 2, pp. 153-162
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DIJKMAN, Léon Edward, Book review : Ole-Andreas Rognstad, Property aspects of intellectual property (Cambridge University Press 2018), European journal of legal studies, 2019, Vol. 11, No. 2, pp. 153-162 - https://hdl.handle.net/1814/77218
Abstract
In The Unbearable Lightness of Being, Milan Kundera warns that metaphors are dangerous. Kundera postulates that love begins with the fictions we create of others and hints that we can never be quite certain to what extent we love the person, rather than the fiction. The word 'property' in the term intellectual property (IP) seems to put the associated rights – copyrights, patents and trademarks, among others – in a similarly thorny predicament. Intellectual 'property' suggests that these rights connote ownership of the protected ideas, much like traditional property rights connote ownership of tangible goods, the only difference being that their object is intangible. But is IP really property or are these rights quite different in nature? Could it be that what might initially have been a simple moniker for a set of rights that were otherwise hard to classify has taken on a life of its own, leading us to improperly conflate IP and property in tangible objects even today? In his new book on the subject, Ole-Andreas Rognstad fears that the answer might be 'yes'.
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Published online: 29 May 2019