Private Property and Intangibles

Abstract

This chapter discusses intangible property and non-proprietary intangibles. It begins with a discussion of the idea of the right against interference as the basic right of property and compares it with idea of the right to the benefit of property. It discusses the idea of remedial consistency - consistency as between primary and remedial rights - and what this implies about property rights. In this connection it discusses the nature of the trust. It also discusses the “investment” function of private property. It then discusses various types of intangible property in the light of the suggested approach, including confidential information and contractual rights, with particular reference to the cases of Hello! and OBG v Allan.