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7 - Conclusion (on Property, Tort, and IP)

Published online by Cambridge University Press:  24 January 2022

Patrick R. Goold
Patrick R. Goold
Affiliation:
City Law School, University of London
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Summary

What does the recognition of IP accidents teach lawyers about the relationship of IP to property and tort? This chapter argues that IP law is best understood as part of property and tort law simultaneously. While IP rights are proprietary in nature, infringement of those rights is tortious. While IP law is primarily about assigning rights in intangibles and defining their scope, 'intellectual tort' refers to the legal rules that determine when an infringer ought to be held responsible for their infringements.

Keywords

IP rights as proprietary rightsinfringement as tort liabilitytort liability as responsibility for wrongdoingintellectual tort
Type
Chapter
Information
IP Accidents
Negligence Liability in Intellectual Property
 , pp. 122 - 126
Publisher: Cambridge University Press
Print publication year: 2022

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