Intellectual property and general legal principles : is IP a Lex specialis? / edited by Graeme B. Dinwoodie.

Format:

Book

Contributor:

Dinwoodie, Graeme B., editor.

Series:

ATRIP intellectual property.

ATRIP Intellectual Property Series

Language:

English

Subjects (All):

Intellectual property.

Physical Description:

1 online resource (266 p.)

Place of Publication:

Cheltenham, [England] ; Northampton, Massachusetts : Edward Elgar Publishing Limited, 2015.

Language Note:

English

Summary:

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional? Drawn together by leading IP scholar Graeme Dinwoodie, these questions and others are answered carefully and reflectively by a team of expert international

Contents:

Cover; Copyright; Contents; Contributors; Introduction; 1. Contract lex rex: Towards copyright contract's lex specialis; 2. The enforceability of mass-market e-commerce licenses and social networking agreements: Is copyright or contract law the new lex specialis?; 3. Fair is as fair does: Contractual normative regulation of copyright user contracts in South Africa; 4. Compelling disclosure of software interoperability information: A risk for innovation or a balanced solution?; 5. Is IP law a lex specialis? A dual test; 6. Inclusivity in intellectual property

7. Private ordering and consumers' rights in copyright law: A view of Japanese consumers8. Intellectual property protection for fame, luxury, wines and spirits: Lex specialis for a corporate "dolce vita" or a "good-quality life"?; 9. Provocations and challenges concerning enforcement and civil procedure in IP; 10. A "bundle" of national patents v a European patent with unitary effect: A jurisdictional comparison; 11. IP, disability, culture and exceptionalism: Does copyright law deal with difference?; Index

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

1-78471-495-X