Document Type
Article
Abstract
Technological change is altering the nature of contract toward a greater focus on intangible assets. The direction of technological change toward greater connectivity, interoperability, mobile communications, the Internet of Things (IoT), artificial intelligence (AI), virtual inventions, and cooperative research and development (R&D) has profound implications. This Article develops a new framework that I refer to as “Intellectual Law” to address this shift. It will introduce the new concept of “Intellectual Contract” (IC) to characterize an agreement for invention, innovation, and technology adoption. This Article also introduces the concept of “Intellectual Tort” (IT) to describe the liability including but not limited to misappropriation of trade secrets and infringement of patents, trademarks, and copyrights. Intellectual Law provides a consistent framework for IC, IT and Intellectual Property (IP). The article observes that legal protection for inventors cannot rely solely on what has proven to be flawed combination of IT and IP. This Article argues that greater emphasis on IC rules would improve both IT and IP. Because an IC protects expectation interests, it is essential for creating, developing, sharing, and applying intangible assets. An IC generates gains from trade that enhance the benefits of inventors, innovators and adopters beyond what can be achieved by IT and IP alone. The discussion sets forth some broad principles for IC law, examines the differences between an IC and a standard contract, and identifies the main forms of ICs.
Recommended Citation
Daniel F. Spulber,
Intellectual Contract and Intellectual Law,
23 J. Tech. L. & Pol'y
(2018).
Available at: https://scholarship.law.ufl.edu/jtlp/vol23/iss1/1