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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Intellectual Property and General Legal Principles: Is IP a Lex Specialist

Edited by: Graeme B. Dinwoodie

ISBN13: 9781784714949
Published: March 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £80.00

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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? Intellectual property assumes a prominent social and economic role worldwide and considering the costs and benefits of treating it separately from general principles of law is a salient area of enquiry.

This thought-provoking book addresses the essence of intellectual property law and the role of intellectual property within broader legal institutions. Expert contributors from a variety of legal fields channel various areas of enquiry and engage with and contribute to an area of law that is too significant socially and commercially to be considered only by specialists.

Intellectual Property and General Legal Principles is a challenging book which scholars in intellectual property law will find a discerning contribution to their field.

Intellectual Property Law
Introduction: Graeme Dinwoodie
1. Contract Lex Rex: Towards Copyright Contract's Lex Specialis Giuseppina D'Agostino
2. The Enforceability of Mass-Market e-Commerce Licenses and Social Networking Agreements: Is Copyright or Contract Law the New Lex Specialis? Charles R. McManis and Brett Garrison
3. Fair Is As Fair Does: Contractual Normative Regulation Of Copyright User Contracts In South Africa Caroline Ncube
4. Compelling Disclosure Of Software Interoperablility Information: A Risk For Innovation Or A Balanced Solution? Begona G. Otero
5. Is IP Law A Lex Specialis? A Dual Test Gustavo Ghidini
6. Inclusivity in Intellectual Property Severine Dusollier
7. Compulsory License In Brazil: Competition Tool Or Just A Threat? Milton Lucidio Leao Barcellos
8. Private Ordering and Consumers' Rights in Copyright Law: A View of Japanese Consumers Branislav Hazucha, Hsiao-Chien Liu and Toshihide Watabe
9. Intellectual Property Protection for Fame, Luxury, Wines, and Spirits: Lex Specialis for a Corporate "Dolce Vita" or a "Good Quality Life"? Irene Calboli
10. Provocations And Challenges Concerning Enforcement And Civil Procedure In IP Kimberlee Weatherall
11. "Bundle" of National Patents v European Patent with Unitary Effect - A Jurisdictional Comparison Torsten Bjorn Larsen
12. IP, Disability, Culture And Exceptionalism: Does Copyright Law Deal With Difference? Abbe Brown and Charlotte Waelde