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.
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
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