Biological Inventions and the Problem of Passive Infringement

Biological Inventions and the Problem of Passive Infringement
Brad Sherman

ISBN 9789041199263
Kluwer Law International

A re-occurring problem in intellectual property law relates to the way intangible property is captured. Here, the law is in a bind: on the one hand, the intangible must be placed in a format so that it can be repeated again and again (this, after all, is a defining feature of most forms of intangible property). At the same time, the intangible must be precise, stable, and clearly bounded. For the most part, and with the notable exception of copyright, intellectual property law has successfully managed these conflicting demands.