The misappropriation doctrine : a conduit for intellectual products protection: an examination of the theory for the age of information

Abstract

This research is dedicated to the examination of the misappropriation doctrine and its implementation in the field of intellectual property law, i.e. copyright, patents, designs and trademarks. The research argues that the misappropriation doctrine should be utilised in order to find a better point of equilibrium between the private and public domain interests, which shape the couture of field of intellectual property law. The research further argues that by using the misappropriation doctrine as a conduit for granting legal protection for intellectual products, the courts may better shape the rules governing intellectual property laws to the needs of the "now", rather than waiting for the legislator to develop the institutionalised methods of governing intellectual products. The research opens with a study of the theoretical basis for the misappropriation doctrine. In this part the research explores the nature and history of the doctrine as deriving from unjust enrichment and equity. The core jurisprudence of the doctrine is examined in order to gain a better understanding of its "internal workings" and to try and predict its effects on the established and recognised intellectual property rights. The research goes on to examine case law along side other legal materials in order to exposed the sometime underlying use of elements of the misappropriation doctrine. Via this exploration, the research demonstrates how the doctrine may be used in order to solve contemporary legal dilemmas within the various fields of intellectual property law. Each of the chapters deals with a different group of intellectual products (ie, copyrightable materials, patents, designs and trademarks), demonstrating the strengths of the misappropriation doctrine and its ability to deliver a legal outcome, which is "in tune" with current market needs. The structure of the research: Chapter I serves as the introduction; Chapter II offers the theoretical background of the misappropriation doctrine; Chapter III deals with copyright; Chapter IV deals with parent and designs, Chapter V deals with trademark laws and trade law aspects in general; and Chapter VI concludes the research.