Private Law Theory

ABSTRACT
In the academy, legal scholarship on intellectual property, or ‘IP’, abounds, most of it focusing on the substance of IP. Far less, however, is written about the procedural aspects of IP. This Article focuses on the often-ignored procedural foundations of IP and suggests—at a minimum—that procedure so thoroughly pervades IP that IP’s true foundations might be in procedure rather than substance. Considering ‘IP as procedure’ may further allow us to recognize that IP procedures may need to be reconceptualized within a broader field of information regulation procedures.

Nathenson, Ira Steven, The Procedural Foundations of Intellectual Property Information Regulation (2020). Originally published in 24 Lewis and Clark Law Review 109 (2020).

First posted 2020-06-01 07:50:57