Contract Law and Intellectual Property Transactions: Research Perspectives
| Autor: | Jacques de Werra |
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| Jazyk: | angličtina |
| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Handbook of Intellectual Property Research: Lenses, Methods and Perspectives pp. 67-81 Handbook of Intellectual Property Research ISBN: 0198826745 |
| Popis: | Contract law is a key component of the intellectual property (IP) ecosystem: contracts are the legal vehicles by which IP rights can be lawfully used by third parties. Contracts are the essential tools by which IP owners can monetize their rights. Making sure that contract law can perform these critical missions requires understanding the complex interactions between IP law and contract law. Analysing these interactions is obviously not a new research venture. However, there are still many areas that call for further research and scientific activity. Exploring the interactions between IP and contract law is not only scientifically relevant, but it also has a high practical significance because of the uncertainty surrounding certain legal issues arising in (international) IP transactions which generate high transaction costs. The interactions between IP and contracts are multifaceted and raise numerous methodological challenges and doctrinal questions. This short piece will focus on a few of them (obviously without claiming to be exhaustive). These legal issues can be classified into two categories on which the article will focus and which depend on whether these issues relate to the internal relationship between the parties to an IP transaction or whether they affect external third parties. |
| Databáze: | OpenAIRE |
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