Whether a Contract Pre-empts Statutory Defence: Mystifications in Copyright Law and Practice

12 Pages Posted: 22 May 2007  

Dr. Sanjay Pandey

Government of India; Competition Commission of India ; Amity Law School; National Law University, Jodhpur

Date Written: January 12, 2007

Abstract

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.

Suggested Citation

Pandey, Dr. Sanjay, Whether a Contract Pre-empts Statutory Defence: Mystifications in Copyright Law and Practice (January 12, 2007). Available at SSRN: https://ssrn.com/abstract=987701 or http://dx.doi.org/10.2139/ssrn.987701

Sanjay Kumar Pandey (Contact Author)

National Law University, Jodhpur ( email )

NH-65, Nagaur Road, Mandore
Jodhpur-342004 (Raj), Rajasthan
India
91 291 5121595; 9828122466 (Phone)
91 291 2577540 (Fax)

HOME PAGE: http://www.nlujodhpur.ac.in

Government of India ( email )

India

HOME PAGE: http://mca.gov.in

Competition Commission of India ( email )

The Hindustan Times House
18-20 Kasturba Gandhi Marg
New Delhi, 110001
India

HOME PAGE: http://cci.gov.in

Amity Law School ( email )

F-1 Block, Amity University Campus
Sector 125
Noida, ND Uttar Pradesh 201005
India

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