Intellectual Property and General Legal Principles: Is Ip a Lex Specialis? (ATRIP Intellectual Property series)

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. **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 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. 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 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 / Severine 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 10. A "bundle" of national patents v European patent with unitary effect : a jurisdictional comparison / Torsten Bjørn Larsen 11. IP, disability, culture and exceptionalism : does copyright law deal with difference? / Abbe Brown and Charlotte Waelde. 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 Cover; Copyright; Contents; Contributors; Introduction; 1. Contract lex rex: Towards copyright contract's lex specialis; 2. The enforceability of mass-market e-commerce licenses and social networking agreements: Is copyright or contract law the new lex specialis?; 3. Fair is as fair does: Contractual normative regulation of copyright user contracts in South Africa; 4. Compelling disclosure of software interoperability information: A risk for innovation or a balanced solution?; 5. Is IP law a lex specialis? A dual test; 6. Inclusivity in intellectual property 7. Private ordering and consumers' rights in copyright law: A view of Japanese consumers8. Intellectual property protection for fame, luxury, wines and spirits: Lex specialis for a corporate "dolce vita" or a "good-quality life"?; 9. Provocations and challenges concerning enforcement and civil procedure in IP; 10. A "bundle" of national patents v a European patent with unitary effect: A jurisdictional comparison; 11. IP, disability, culture and exceptionalism: Does copyright law deal with difference?; Index