Overlapping Intellectual Property Rights

by Wilkof, Neil; Basheer, Shamnad

• ISBN13: 9780199696444
• ISBN10: 0199696446
• Format: Hardcover
• Copyright: 2012-10-25
• Publisher: Oxford University Press

Summary

Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categoriescreated to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Somepatterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. Theconceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap.Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.

Table of Contents

Navigating the Interface between Utility Patents and Copyright

The Overlap between Patent and Design Protection

Patents and Trade Secrets

Interfaces in Plant Intellectual Property

Patents and Utility Models

Patents and Regulatory Data Exclusivity for Medicinal Products

When Copyright and Trade Mark Rights Overlap

The Design/Copyright Overlap: Is there a Resolution?

Overlapping Forms of Protection for Databases

Moral Rights or Economic Rights

Protection of 'Famous' Marks under Trade Mark Law and Passing Off

Overlapping Rights in Designs, Trade Marks and Trade Dress

Overlaps between Trade Marks and Geographical Indications

Domain Names and Trade Marks

Publicity Rights, Trade Mark Right, and Property Rights

The Relationship between Trade Mark Rights and Unfair Competition Law

The Relationship between Intellectual Property Rights and Competition Laws

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