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The Interface of Intellectual Property Law with Other Legal Disciplines.
- Format:
- Book
- Author/Creator:
- Geiger, Christophe.
- Series:
- ATRIP Intellectual Property Series
- Language:
- English
- Subjects (All):
- Intellectual property.
- Physical Description:
- 1 online resource (318 pages)
- Edition:
- 1st ed.
- Place of Publication:
- Northampton : Edward Elgar Publishing, 2025.
- Summary:
- "This book explores the interactions between intellectual property (IP) laws and other legal disciplines, examining potential policy implications raised by the growing influence of different legal frameworks on IP principles. Illustrating these issues, the book analyzes how they have shaped our understanding of IP laws and doctrines. Leading specialists debate the intersection of different areas of private, public and criminal law with intellectual property rights, drawing some forward-looking conclusions on the implications at legislative, judicial and theoretical level. In particular, they analyze such interactions as IP law and human rights, also delving into key administrative law influences on principles of copyright. They address the ways in which health law overlaps with IP law and demonstrate how the principle of good faith can be used in civil law cases. The book further outlines the relationship between fundamental areas of IP law, including patent law and regulatory data exclusivity, and real world applications such as public national security regulations. It identifies past and present challenges for trade secrets and criminal penalties, encouraging further research on the intersections of IP law with other legal fields. The Interface of Intellectual Property Law with other Legal Disciplines is a vital resource for scholars and students in IP law, public law, private law and criminal law. It is also beneficial to practitioners such as IP lawyers, in-house legal counsel and policymakers"-- Provided by publisher.
- Contents:
- Contents: The interface of intellectual property law with other legal disciplines / Christophe Geiger
- Contributors
- Introduction to the interface of intellectual property law with other legal disciplines / Christophe Geiger
- Part I: Setting the scene
- 2. Setting the table: A taxonomy of intellectual property's interactions with other legal regimes and disciplines / Rochelle Cooper Dreyfuss
- Part II: The interface of ip with public laws and regulation
- 3. The discursive contributions of debates on intellectual property and human rights / Peter K. Yu
- 4. Administrative law principles in the service of copyright law / Orit Fischman-Afori
- 5. Patent law and the regulatory data exclusivity: Game playing and 'mission creep' / Jessica C. Lai and Susy Frankel
- 6. Exploring the junction of public national security regulations and trade secret law / Roberto Carapeto
- 7. The interaction of copyright law with the legal protection of cultural goods / Cristiana Sappa
- 8. The interface of intellectual property law with medicine law: A call for re-alignment / Vishv Priya Kohli
- 9. Intellectual property rights and the right to health in pandemic times / Ichiro Nakayama
- Part III: The interface of ip with other private law regimes
- 10. Copyright and contract: Facilitating access to repair information by protecting copyright defences from 'contracting out' / Leanne Wiseman
- 11. Ip pledges and the good faith principle in civil law / Chih-Chieh Yang
- 12. Interaction of copyright and competition law: Antitrust intervention of copyright exclusivity and excessive pricing of journal databases as an example / Yukun Xiao
- 13. The interface of contract law and copyright law: Examining the problem of contractual overridability / Phalguni Mahapatra and Anindya Sircar
- 14. Contaminations between data protection law and copyright law: Understanding personal data protection rights as a doppelrecht / Jacopo Ciani Sciolla
- 15. Freedom to assign and the role of collective management societies: Interaction between contract law and copyright law / Roberto Garza-Barbosa and Mario LukinovicÌ
- 16. In dubio pro... Patent? Lessons from property law on patenting human biomaterials / Joanna Wisniowska
- 17. Intellectual property protection and agricultural innovation / Hsiao-Fen Hsu and Tetsuya Imamura
- 18. Sanctity of contract and fair remuneration in copyright law / Branislav Hazucha
- Part IV: The interface of ip with criminal law
- 19. Intellectual property and criminal procedure law: Collateral civil action as a point of intersection / Chang Liu
- 20. Legal past and present challenges for trade secrets and criminal penalties / Takakuni Yamane.
- Notes:
- Includes bibliographical references and index.
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 1-03-534093-3
- OCLC:
- 1521262539
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