Whether a Contract Pre-empts Statutory Defence: Mystifications in Copyright Law and Practice
12 Pages Posted: 22 May 2007
Date Written: January 12, 2007
Intellectual Property legal regime has its own statutory complications, at times we believe that Intellectual Property is absolutely a subject matter of private law but statutory regulations make it protected and transmittable under a very complicated legal regime. Questions arise as to extent of in personam rights crated by parties in purview of statutory mandates. Is it possible that statutory mandate could be diluted when parties agree to do so in respect of an Intellectual Property Right for example a Copyright? Such issues have not only bothered Courts but also those who transmit Copyrights through various contractual instruments. On any general notion and statutory construction it is but obvious that an in personam charter of rights could not be allowed to pre-empt mandates of public law.
Keywords: Pre-emption, Copyright, Intellectual Property Right, Statutory mandate, Jurisprudence.
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