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"Preface" [2016] ELECD 943; in Riis, Thomas (ed), "User Generated Law" (Edward Elgar Publishing, 2016) xi

Book Title: User Generated Law

Editor(s): Riis, Thomas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783479559

Section Title: Preface

Number of pages: 2

Extract:

Preface
The purpose of this book is to study intellectual property law from a new
perspective. The book is part of a research project that shifts intellectual
property law research away from the study of statutory law and other
forms of authoritatively determined regulation and towards an examin-
ation of how intellectual property law actually works and changes.
Much of the on-going debates on intellectual property law are aimed at
the substantive rights and respond to questions such as: Are the rights too
strong or too weak? Are there any needs for new limitations or excep-
tions? Or should any of the existing limitations and exceptions be
amended or revoked? All such questions relate to statutory rights and
their interpretations. In practice these questions may not be very import-
ant because the substantive rights simply provide a basis for the
development of private regulatory models that accommodate the needs of
the parties affected by the rights and redefine the legal positions. Thus, in
the intellectual property related industries often a layer of self-regulation
is developed on top of the substantive rights. Self-regulation provides
flexibility and modifies the one-size-fits-all characteristics of intellectual
property law. This book and the underlying research project originate in
an interest in why and how self-regulation of intellectual property rights
in a knowledge society emerges and develops. In spite of the fact that
self-regulation has a long history in law, including intellectual property
law, it is still unclear what ...