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The Interface of Intellectual Property Law with other Legal Disciplines

Edited by: Christophe Geiger

ISBN13: 9781035340927
Published: May 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £120.00



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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.

Subjects:
Intellectual Property Law
Contents:
The Interface of Intellectual Property Law with other Legal Disciplines 00
Christophe Geiger
Contributors viii
1. Introduction to The Interface of Intellectual Property Law with Other Legal Disciplines 1
Christophe Geiger

PART I SETTING THE SCENE
2. Setting the table: a taxonomy of intellectual property’s interactions with other legal regimes and disciplines 4
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 18
Peter K. Yu
4. Administrative law principles in the service of copyright law 34
Orit Fischman-Afori
5. Patent law and the regulatory data exclusivity: game playing and ‘mission creep’ 52
Jessica C. Lai and Susy Frankel
6. Exploring the junction of public national security regulations and trade secret law 67
Roberto Carapeto
7. The interaction of copyright law with the legal protection of cultural goods 84
Cristiana Sappa
8. The interface of intellectual property law with medicine law: a call for re-alignment 100
Vishv Priya Kohli
9. Intellectual property rights and the right to health in pandemic times 113
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’ 130
Leanne Wiseman
11. IP pledges and the good faith principle in civil law 145
Chih-Chieh Yang
12. Interaction of copyright and competition law: antitrust intervention of copyright exclusivity and excessive pricing of journal databases as an example 161
Yukun Xiao
13. The interface of contract law and copyright law: examining the problem of contractual overridability 171
Phalguni Mahapatra and Anindya Sircar
14. Contaminations between data protection law and copyright law: understanding personal data protection rights as a Doppelrecht 184
Jacopo Ciani Sciolla
15. Freedom to assign and the role of collective management societies: interaction between contract law and copyright law 199
Roberto Garza-Barbosa and Mario Lukinović
16. In dubio pro… patent? Lessons from property law on patenting human biomaterials 214
Joanna Wisniowska
17. Intellectual property protection and agricultural innovation 231
Hsiao-Fen Hsu and Tetsuya Imamura
18. Sanctity of contract and fair remuneration in copyright law 246
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 263
Chang Liu
20. Legal past and present challenges for trade secrets and criminal penalties 275
Takakuni Yamane