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Title: Sale of Goods and Intellectual Property: Problems with Ownership
Authors: Thomas, Sean
First Published: 3-Mar-2014
Publisher: Intellectual Property Society of Australia and New Zealand Inc.
Citation: Intellectual Property Forum, 2014 (96), pp. 25-43 (18)
Abstract: Sale of goods and intellectual property are necessarily connected. Intellectual property rights (IPRs), such as copyright, patents, trade marks and design rights, can be discussed and analysed as a coherent whole. However, the impact of the connection between sales of goods and IPRs has been somewhat ignored from both sides (sales, and intellectual property). In the digital era, questions concerning the interrelationship of sale of goods law and intellectual property law have become particularly problematic. There are difficulties in determining the rights of purchasers of goods, due to the structure of the law on sale and doctrinal complexity in intellectual property law. In this article, the effect of potential growth in embedded and nano-technologies, as well as the impact of IPR pirates (those who take without authority), trolls (those who acquire IPRs purely for their financial re-disposition value), and tyrants (those who misuse the considerable strength of IPRs to prevent usage) will be analysed. It will be suggested that a reliance on the usual, pragmatic methods of solving the identified problems will be insufficient to deal with the growth of integrated goods.
ISSN: 0815-2098
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Archived with explicit permission from the Editor of Intellectual Property Forum, 06/02/2015. Copyright the author.
Description: An early version was presented at the Cyberlaw Section of the Society of Legal Scholars Conference in September 2013.
Appears in Collections:Published Articles, School of Law

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