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Published online by Cambridge University Press: 24 January 2022
What does the recognition of IP accidents teach lawyers about the relationship of IP to property and tort? This chapter argues that IP law is best understood as part of property and tort law simultaneously. While IP rights are proprietary in nature, infringement of those rights is tortious. While IP law is primarily about assigning rights in intangibles and defining their scope, 'intellectual tort' refers to the legal rules that determine when an infringer ought to be held responsible for their infringements.
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