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Kur, Annette; Lee, Nari; Ohly, Ansgar; Westkamp, Guido --- "Introduction: Intellectual property, unfairness and speech - convergences and development" [2014] ELECD 226; in Lee, Nari; Westkamp, Guido; Kur, Annette; Ohly, Ansgar (eds), "Intellectual Property, Unfair Competition and Publicity" (Edward Elgar Publishing, 2014) 1

Book Title: Intellectual Property, Unfair Competition and Publicity

Editor(s): Lee, Nari; Westkamp, Guido; Kur, Annette; Ohly, Ansgar

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857932617

Section Title: Introduction: Intellectual property, unfairness and speech - convergences and development

Author(s): Kur, Annette; Lee, Nari; Ohly, Ansgar; Westkamp, Guido

Number of pages: 8

Extract:

Introduction: Intellectual property,
unfairness and speech ­ convergences
and development
Annette Kur, Nari Lee, Ansgar Ohly and Guido
Westkamp

Intellectual property has elastic boundaries. The boundaries define the
private and the public but at the same time, a boundary of regulation
preserves the integrity of a system of regulation where identical rules
apply to subject matter sharing similar characteristics. Throughout the
history of intellectual property, various new types of subject matter have
come to be included as objects of intellectual property protection, and
similarly diverse patterns of use have emerged. The current intellectual
property system extends protection to innovative ideas, creative works as
well as signs, shapes, words, information, data, persona and images
which may be subject to claims of property. Additionally, at the bound-
aries of intellectual property, similar interests and values arising out of
conducts or objects have become increasingly regulated and protected as
rights under the rubric of related regulations. As a result, more and more
efforts and values are being claimed as objects of ownership. Such claims
are not merely the domain of intellectual property rights, as written in
statutory law. Courts in many jurisdictions seem prepared to afford some
degree of proprietary protection by employing conduct-based norms or
principles of equity.
Intellectual property looks to the nature of the subject matter i.e.
original work, invention, signs, and sees if it is possible to categorize
emerging subject matters, such as celebrity images, into existing regimes.
A conduct based regulation, in contrast would look at whether ...