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5 - Fairness

Published online by Cambridge University Press:  24 January 2022

Patrick R. Goold
Affiliation:
City Law School, University of London
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Summary

Negligence liability is a fairer way to allocate responsibility for accidental infringement of IP rights. The chapter considers and rebuts four arguments that seek to defend the morality of strict liability in IP: the causation argument, the property argument, the fault argument, and the reciprocity argument. Because owners and users bilaterally cause accidents, legal responsibility ought not to fall unilaterally on one party as a categorical matter.

Type
Chapter
Information
IP Accidents
Negligence Liability in Intellectual Property
, pp. 82 - 92
Publisher: Cambridge University Press
Print publication year: 2022

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  • Fairness
  • Patrick R. Goold
  • Book: IP Accidents
  • Online publication: 24 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781108882576.005
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  • Fairness
  • Patrick R. Goold
  • Book: IP Accidents
  • Online publication: 24 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781108882576.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Fairness
  • Patrick R. Goold
  • Book: IP Accidents
  • Online publication: 24 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781108882576.005
Available formats
×