The Interface of Intellectual Property Law with other Legal Disciplines: (ATRIP Intellectual Property series)

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.

Table of Contents:
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

About the Author :
Edited by Christophe Geiger, Professor of Law and Director of the Innovation Law and Ethics Observatory (ILEO), Luiss University, Italy

Review :
‘This volume is a highly innovative addition to the IP literature on the interfaces between IP and other legal areas. While comprehensive, it brings to the fore topics that are of increasing importance but have rarely been explored. The amazing global composition of the contributors provides additional comparative insights. A great book for a global readership!’ ‘Longtime considered an arcane area of law, IP law has always sought in other legal areas the complementary elements that it lacks to improve its understanding. This book explores this dynamic in an enlightening fashion and is ample proof that the exercise is most fruitful and relevant.’ ‘As intellectual property laws have taken on ever-increasing importance in society, their interactions with other bodies of law become increasingly significant. This timely study with top scholars from around the world shines a bright light on issues ranging from public laws and regulation to private law and criminal law.’