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Overlapping Intellectual Property Rights

Edited by: Neil Wilkof, Shammad Basheer

ISBN13: 9780199696444
Published: September 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £207.50

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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 categories created 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.

Some patterns, 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.

The conceptual 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.

Intellectual Property Law
1. Navigating the Interface between Utility Patents and Copyright
2. The Overlap between Patent and Design Protection
3. Patents and Trade Secrets
4. Interfaces in Plant Intellectual Property
5. Patents and Utility Models
6. Patents and Regulatory Data Exclusivity for Medicinal Products
7. When Copyright and Trade Mark Rights Overlap
8. The Design/Copyright Overlap: Is there a Resolution?
9. Overlapping Forms of Protection for Databases
10. Moral Rights or Economic Rights
11. Protection of 'Famous' Marks under Trade Mark Law and Passing Off
12. Overlapping Rights in Designs, Trade Marks and Trade Dress
13. Overlaps between Trade Marks and Geographical Indications
14. Domain Names and Trade Marks
15. Publicity Rights, Trade Mark Right, and Property Rights
16. The Relationship between Trade Mark Rights and Unfair Competition Law
17. The Relationship between Intellectual Property Rights and Competition Laws