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Contribution to Book
Toward Pluralism in United States Intellectual Property
Improving Intellectual Property: A Global Project
  • Michael J. Burstein, Benjamin N. Cardozo School of Law
Description

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.

ISBN
9781035310852
Editor(s)
Susy Frankel, Margaret Chon, Graeme Dinwoodie, Barbara Lauriat, and Jens Schovsbo
Publication Date
3-17-2023
Publisher
Edward Elgar Publishing
Keywords
  • intellectual property,
  • global policy goals,
  • shifting boundaries,
  • balance,
  • international agreements,
  • improving intellectual property
Disciplines
Citation Information
Michael J. Burstein. "Toward Pluralism in United States Intellectual Property" Improving Intellectual Property: A Global Project (2023) p. 484
Available at: http://works.bepress.com/michael-burstein/14/