Abstract

http://ssrn.com/abstract=1917950
 


 



Intellectual Property and the Concept of Dematerialised Property


Andreas Rahmatian


University of Glasgow - School of Law

May 31, 2011

MODERN STUDIES IN PROPERTY LAW, Vol. 6, S. Bright, ed., Hart Publishing, 2011

Abstract:     
A property right (ius in rem, real right) is an abstract legal concept which relates to an object, referred to as “thing” or “res,” or imprecisely, but commonly, “property.” This object of property is a product of legal categorisation; it may be represented by a physical thing or it can be an abstract legal creation itself, as is the case with an intellectual property right. In any event, for the law the “property-object” (whether tangible, intangible or purely intangible) is the product of a legal conceptualisation. The law (private law) creates any res or thing, whether corporeal or not, through the legal concept of real rights. That enables legal recognition of the res in question. The material object (if there is one) only becomes a res in law if real rights are attached to it. Therefore, real rights and res are both “property”, and particularly with (purely intangible) intellectual property, property rights and property objects merge into one. The abstract conceptual res typically has a reifier to make it recognisable in the material world and for the purpose of social interactions. This reifier can be a corporeal object, in which case it is a direct reifier (a table being a direct reifier and incident of a res, chattel), but, for example in case of copyright, a chattel may act not only as direct reifier of the notional personal (moveable) property right (e.g. a canvas of a painting, the score of a symphony, the paper of a manuscript), but also as an indirect reifier of the notional copyright (artistic work, musical work, literary work). The chattel in question represents directly the personal/moveable property (but does not constitute it, because the res remains a legal concept), and, in addition, the chattel represents indirectly the copyright in the work which is expressed and recorded in the chattel in question (a painting, sculpture etc.).

Number of Pages in PDF File: 22

Keywords: Property Law, Property Theory, Intellectual Property, Dematerialised Property, Tangible Property

JEL Classification: K11

Accepted Paper Series


Download This Paper

Date posted: August 27, 2011  

Suggested Citation

Rahmatian, Andreas, Intellectual Property and the Concept of Dematerialised Property (May 31, 2011). MODERN STUDIES IN PROPERTY LAW, Vol. 6, S. Bright, ed., Hart Publishing, 2011. Available at SSRN: http://ssrn.com/abstract=1917950

Contact Information

Andreas Rahmatian (Contact Author)
University of Glasgow - School of Law ( email )
School of Law, Stair Building
5-8 The Square
Glasgow, G12 8QQ
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 1,049
Downloads: 151
Download Rank: 109,399
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.328 seconds