EconPapers    
Economics at your fingertips  
 

Lessons for Today’s Fields of Intellectual Property and Trade from Epstein’s Insights about Private Law and History

F. Scott Kieff

The Journal of Legal Studies, 2021, vol. 50, issue S2, S111 - S128

Abstract: Richard Epstein’s work on private law emphasizes themes that have survived since ancient Roman law. This paper highlights two practical benefits that those themes can offer, to ease some flashpoints in modern debates about the interface between intellectual property (IP) and trade. Arguments grounded in private law may avoid the open-textured public policy debates between concern over too much or too little protection for IP and trade law while largely addressing the major stated concerns raised by both sides. They also can avoid many arcane doctrines in IP and trade law. Private law’s attention to business norms helped Grokster explore a modern online services’ liability for indirect IP infringement. Private law’s common-law approach to agency can similarly help address joint liability for IP infringement around modern online services after Limelight. Private law also may help address business opportunism around trade in electronic transmissions and set top boxes.

Date: 2021
References: Add references at CitEc
Citations: Track citations by RSS feed

Downloads: (external link)
http://dx.doi.org/10.1086/705802 (application/pdf)
http://dx.doi.org/10.1086/705802 (text/html)
Access to the online full text or PDF requires a subscription.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:ucp:jlstud:doi:10.1086/705802

Access Statistics for this article

More articles in The Journal of Legal Studies from University of Chicago Press
Bibliographic data for series maintained by Journals Division ().

 
Page updated 2022-03-29
Handle: RePEc:ucp:jlstud:doi:10.1086/705802