Property in Intangibles
Commentary on DF Libling, ‘The Concept of Property: Property in Intangibles’ (1978) 94 LQR 103
In 1978,1 intangible property was novel enough for David Libling2 to consider it worth floating a revised definition of 'property'. Note that he didn't write about intellectual property, but about property in intangibles—which includes but (as lawyers like to say) is not limited to IP. In fact his article is positioned on the very edge of IP protection—intangible rights that look rather like IP but do not fall into one of the categories that we know and love.