Author： Pendleton Michael
Publisher： Routledge Ltd
ISSN： 1469-8404
Source： Information & Communications Technology Law, Vol.14, Iss.3, 2005-10, pp. : 241-254
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Abstract
The paper opens by reiterating the common views that incentives are necessary to make innovations worthwhile and that slavish copying of another's innovation is viewed as inherently wrong although copying elements of what went before to produce sufficient new is considered permissible. The author argues that judicial policy and legislative reasoning have attempted to tailor legal rules of intellectual property to specific cases in order to maintain a balance among the above propositions. Yet, this has rendered intellectual property law to be complex. The paper examines the need to rethink intellectual property law by citing examples from well known cases on digital and other information and suggests a form of misappropriation law as an alternative.
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