Toward Pluralism in United States Intellectual Property
This chapter synthesizes from Dreyfuss’s scholarship a pluralistic vision of intellectual property law in the United States. This vision places positive law IP rights alongside non-IP innovation incentives in an institutional structure that allows both to thrive in various technological or creative contexts. Dreyfuss arrives at this vision by situating intellectual work in its larger technological and business, not merely legal, contexts. It is not bound by the distinctions among positive law IP rights and is sensitive to non-IP law that may impact innovation, and it pays close attention to institutional arrangements outside of IP that bear on innovation. This chapter concludes with two lessons from Dreyfuss’s approach. Methodologically, IP scholarship and policy would benefit from greater use of techniques that uncover context-specificity. Substantively, just as IP law itself might productively be thought to be technologically specific, so too might be the non-IP legal institutions that help shape innovation.
Susy Frankel, Margaret Chon, Graeme Dinwoodie, Barbara Lauriat, and Jens Schovsbo
Edward Elgar Publishing
intellectual property, global policy goals, shifting boundaries, balance, international agreements, improving intellectual property
Intellectual Property Law | Law
Burstein, Michael J., "Toward Pluralism in United States Intellectual Property" (2023). Book Chapters. 97.