Intellectual property (IP) law is based on a specific notion of reality. According to
this understanding, there exist immaterial objects which are exclusively assigned to a
rights holder.1 Unlike corporeal objects (‘things’),2 these immaterial objects cannot
be touched, nor can their physical existence be measured as with intangible, yet still
physical data or software.3 They are also not identical with specific exemplars of a
copyrightable work (e.g. a book or a digital file), with products, mechanical or other
technical processes, with product signs on packaging or advertising material etc.
Instead the objects protected by IP law are merely accidentally embodied in these
manifestations. The work, the invention, the design, the distinctive sign etc. exist
strictly separated from their instantiations as immaterial (‘intellectual’),