ABSTRACT

Metaphysical considerations notwithstanding, the legal profession has managed to operationalize the field of intellectual property with amazing acuity. This is now a mushrooming activity that covers trademarks, trade secrets, unfair competition, copyright and copyright infringement, trademark prosecution, licensing infractions, and property audits. That the National Information Infrastructure dramatically changes the way information is prepared and disseminated is no longer at issue. Publishers and authors disseminate and need to protect real property. Books, journals, serials and magazines are products sent to market. The distinction between physical and intellectual property dates back to the ancient Greek notion of a separation between manual and intellectual labors, between what used to be known as head and hand. A copy of most dissertations is sent to University Microfilms for archival purposes. A journal is not a mechanical contrivance of typefaces. It is a human artifact of decision-makers, of gatekeepers, who certify quality, durability, and value.