ABSTRACT
The paper defends a novel theory in Intellectual Property (IP) called ‘IP-Interactionism’. It consists in the notion that the predominant role of IP should be to maximise the interaction between physical objects, conscious experience and abstract objects. After explaining the importance of ontology for IP theory (Section 1), describing IP-Interactionism (Section 2) and comparing it to alternatives (Section 3), the paper explores general and branch-specific consequences of adopting IP-Interactionism (Section 4). Generally, IP-Interactionism offers a reinterpretation of ‘channelling doctrines’ in IP law and strikes a middle ground between seeing cultural production as a purely social or individual. For trademarks, it makes case against dilution claims based on the public interest. For patents, it further delimitates patentability requirements. For copyright, it reinterprets the idea-expression dichotomy as a doctrine allowing for significant variation in the physical embodiments of abstract objects.
Figueroa Zimmermann, Felipe, IP-Interactionism: On Maximising the Interaction between Physical Objects, Conscious Experience and Abstract Objects in Intellectual Property Law (March 1, 2021).
Leave a Reply