The Procedural Foundations Of Intellectual Property Information Regulation

In the academy, legal scholarship on intellectual property, or “IP,” abounds, most of it focusing on the substance of IP. Far less, however, is written about the procedural aspects of IP. This Article focuses on the often-ignored proce- dural foundations of IP and suggests—at a minimum—that procedure so thoroughly pervades IP that IP’s true foundations might be in procedure rather than substance. Considering “IP as procedure” may further allow us to recog- nize that IP procedures may need to be reconceptualized within a broader field of information regulation procedures.

I. II.