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The Interface of Intellectual Property Law with other Legal Disciplines

The Interface of Intellectual Property Law with other Legal Disciplines

Author: Christophe Geiger
Publisher: Edward Elgar Publishing
ISBN: 9781035340927
Published In: June 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

The Interface of Intellectual Property Law with other Legal Disciplines 00

Christophe Geiger

Contributors viii

Introduction to The Interface of Intellectual Property Law with Other Legal Disciplines 1

Christophe Geiger

PART I SETTING THE SCENE

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

The discursive contributions of debates on intellectual property and human rights 18

Peter K. Yu

Administrative law principles in the service of copyright law 34

Orit Fischman-Afori

Patent law and the regulatory data exclusivity: game playing and ‘mission creep’ 52

Jessica C. Lai and Susy Frankel

Exploring the junction of public national security regulations and trade secret law 67

Roberto Carapeto

The interaction of copyright law with the legal protection of cultural goods 84

Cristiana Sappa

The interface of intellectual property law with medicine law: a call for re-alignment 100

Vishv Priya Kohli

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.

‘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