IP Accidents

IP Accidents
Author: Patrick R. Goold
Publisher: Cambridge University Press
Total Pages: 153
Release: 2022-03-17
Genre: Law
ISBN: 1108841481

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Introduces the concept of 'IP accidents' to establish a new way to look at intellectual property law and its enforcement.

IP Accidents

IP Accidents
Author: Patrick R. Goold
Publisher: Cambridge University Press
Total Pages: 153
Release: 2022-03-17
Genre: Law
ISBN: 1108899455

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In the twenty-first century, it has become easy to break IP law accidentally. The challenges presented by orphan works, independent invention or IP trolls are merely examples of a much more fundamental problem: IP accidents. This book argues that IP law ought to govern accidental infringement much like tort law governs other types of accidents. In particular, the accidental infringer ought to be liable in IP law only when their conduct was negligent. The current strict liability approach to IP infringement was appropriate in the nineteenth century, when IP accidents were far less frequent. But in the Information Age, where accidents are increasingly common, efficiency, equity, and fairness support the reform of IP to a negligence regime. Patrick R. Goold provides the most coherent explanation of how property and tort interact within the field of IP, contributing to a clearer understanding of property and tort law and private law generally.

The MATS Flyer

The MATS Flyer
Author:
Publisher:
Total Pages: 32
Release: 1960
Genre: Aeronautics
ISBN:

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Organizational Accidents Revisited

Organizational Accidents Revisited
Author: James Reason
Publisher: CRC Press
Total Pages: 158
Release: 2016-05-26
Genre: Technology & Engineering
ISBN: 1134806000

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Managing the Risks of Organizational Accidents introduced the notion of an ’organizational accident’. These are rare but often calamitous events that occur in complex technological systems operating in hazardous circumstances. They stand in sharp contrast to ’individual accidents’ whose damaging consequences are limited to relatively few people or assets. Although they share some common causal factors, they mostly have quite different causal pathways. The frequency of individual accidents - usually lost-time injuries - does not predict the likelihood of an organizational accident. The book also elaborated upon the widely-cited Swiss Cheese Model. Organizational Accidents Revisited extends and develops these ideas using a standardized causal analysis of some 10 organizational accidents that have occurred in a variety of domains in the nearly 20 years that have passed since the original was published. These analyses provide the ’raw data’ for the process of drilling down into the underlying causal pathways. Many contributing latent conditions recur in a variety of domains. A number of these - organizational issues, design, procedures and so on - are examined in close detail in order to identify likely problems before they combine to penetrate the defences-in-depth. Where the 1997 book focused largely upon the systemic factors underlying organizational accidents, this complementary follow-up goes beyond this to examine what can be done to improve the ’error wisdom’ and risk awareness of those on the spot; they are often the last line of defence and so have the power to halt the accident trajectory before it can cause damage. The book concludes by advocating that system safety should require the integration of systemic factors (collective mindfulness) with individual mental skills (personal mindfulness).