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Intellectual Property and General Legal Principles
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Intellectual Property and General Legal Principles

Is IP a Lex Specialis?

9781784714949 Edward Elgar Publishing
Edited by Graeme B. Dinwoodie, Global Professor of Intellectual Property Law, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, Illinois, US
Publication Date: 2015 ISBN: 978 1 78471 494 9 Extent: 272 pp
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? Drawn together by leading IP scholar Graeme Dinwoodie, these questions and others are answered carefully and reflectively by a team of expert international contributors.

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Critical Acclaim
Contributors
Contents
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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 explore lines of enquiry from a variety of more general
perspectives 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.
Critical Acclaim
‘Such lucid and concise commentary is typical of the insightful discussions on IP to be found in this book. Published by Edward Elgar, it is an important contribution to the body of scholarly literature on intellectual property and a valuable addition to the IP practitioner’s professional library. ’
– Phillip Taylor, The Barrister Magazine
Contributors
Contributors: A. Brown, I. Calboli, G. D’Agostino, G.B. Dinwoodie, S. Dusollier, B. Garrison, G. Ghidini, B. Hazucha, T.B. Larsen, H-C. Liu, C.R. McManis, C. Ncube, B.G. Otero, C. Waelde, T. Watabe, K. Weatherall
Contents
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 B. Ncube

4. Compelling Disclosure of Software Interoperablility Information: A Risk for Innovation or a Balanced Solution?
Begoña G. Otero

5. Is IP Law a Lex Specialis? A Dual Test
Gustavo Ghidini

6. Inclusivity in Intellectual Property
Séverine Dusollier

7. Private Ordering and Consumers’ Rights in Copyright Law: A View of Japanese Consumers
Branislav Hazucha, Hsiao-Chien Liu and Toshihide Watabe

8. Intellectual Property Protection for Fame, Luxury, Wines, and Spirits: Lex Specialis for a Corporate “Dolce Vita” or a “Good Quality Life”?
Irene Calboli

9. Provocations and Challenges Concerning Enforcement and Civil Procedure in IP
Kimberlee Weatherall

11. A “Bundle” of National Patents v a European Patent with Unitary Effect - A Jurisdictional Comparison
Torsten Bjørn Larsen

12. IP, Disability, Culture and Exceptionalism: Does Copyright Law Deal with Difference?
Abbe Brown and Charlotte Waelde

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