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Vol 22 No 10 Oct/Nov 2017

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Intellectual Property Overlaps: A European Perspective


ISBN13: 9781841139500
Published: May 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired.

The convergence of several IPRs on the same subject-matter poses a problem. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails.

This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps.

This analysis enables the determination of criteria that can be used to (re)map the overlaps to achieve appropriateness and legitimacy. The overarching principle which guides this mapping exercise, and which is common to all IPRs, is that of free competition; IPRs are an exception to this principle, though a public domain must exist.

Subjects:
Intellectual Property Law, EU Law
Contents:
1. INTRODUCTION
I Definition of the Problem
II Methodology
III S tructure of the Book
2. INTERNATIONAL LAW
I The Legal Framework
II Copyright and Designs
III Copyright and Trademarks
IV Trademarks and Designs
V Trademarks and Patents
VI Patents and Designs
VII C opyright and Patents
VIII Patents and Plant Variety Rights
IX Intellectual Property Rights and Unfair Competition
X Conclusion: Identification of Principles Governing Overlaps in the International Agreements and Remaining Open Questions
3. EUROPEAN LAW
I The Legal Framework
II Copyright and Designs
III Copyright and Trademarks
IV Trademarks and Designs
V Designs and Patents
VI Trademarks and Patents
VII Copyright and Patents
VIII Patents and Plant Variety Rights
IX Intellectual Property Rights and Unfair Competition
X Conclusion: Identification of Principles Governing Overlaps in European Law and Remaining Open Questions
4. FRANCE
I The Legal Framework
II Copyright and Designs
III Copyright and Trademarks
IV Trademarks and Designs
V Trademarks and Patents
VI Patents and Designs
VII Copyright and Patents
VIII Patents and Plant Variety Rights
IX Intellectual Property Rights and Unfair Competition
X Conclusion: Identification of Principles Governing Overlaps in French Law and Remaining Open Questions
5. UNITED KINGDOM
I The Legal Framework
II Copyright and Designs
III Copyright and Trademarks
IV Trademarks and Designs
V Trademarks and Patents
VI Patents and Designs
VII Copyright and Patents
VIII Patents and Plant Variety Rights
IX Intellectual Property Rights and Unfair Competition
X Conclusion: Identification of Principles Governing Overlaps in UK Law and Remaining Open Questions
6. GERMANY
I The Legal Framework
II Copyright and Designs
III Copyright and Trademarks
IV Trademarks and Designs
V Trademarks and Patents
VI Copyright and Patents
VII Patents and Plant Variety Rights
VIII Intellectual Property Rights and Unfair Competition
IX Conclusion: Identification of Principles Governing Overlaps in German Law and Remaining Open Questions
7. COMPARATIVE ANALYSIS, CONCLUSION AND OUTLOOK
I Similarities and Differences Between the Legal Systems in the Rules Regulating the Overlaps
II Reasons for the Prohibition or Authorisation of Overlaps
III Determination of Criteria to Organise the Overlaps
IV Solutions to Problems Caused by the Overlaps According to Criteria Developed in Section III
V Conclusion and Outlook