Intellectual Property Overlaps
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Overlapping Intellectual Property Rights
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Author : Neil Wilkof
language : en
Publisher: OUP Oxford
Release Date : 2012-08-30
Overlapping Intellectual Property Rights written by Neil Wilkof and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-30 with Law categories.
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 Overlaps
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Author : Estelle Derclaye
language : en
Publisher: Hart Pub Limited
Release Date : 2011
Intellectual Property Overlaps written by Estelle Derclaye and has been published by Hart Pub Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs.
The Ownership Problems Of Overlaps In European Intellectual Property
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Author : Nuno de Araújo Sousa e Silva
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2014
The Ownership Problems Of Overlaps In European Intellectual Property written by Nuno de Araújo Sousa e Silva and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Intellectual Property rights are expanding and, thus, overlapping more than ever before. This poses challenges to a system devised as comprising a set of isolated compartments, each with its defined purpose. The diverging rules concerning ownership and entitlement can lead to different rights on the same object being owned by different persons. What happens then? This question is addressed under European law, focusing on the existing corpus of EU primary and secondary legislation and jurisprudence and the national laws of France, Germany and the UK. Five specific cases are considereded: trade marks and designs, trade marks and copyright, designs and copyright, data-base sui generis right and copyright and copyright and patents in the field of computer programs. Some solutions to the problem, namely convergence of ownership rules, avoidance of overlaps, prevalence of the closest regime, abuse of rights, implied licences, and expanding copyright solutions by analogy, are analysed.
Intellectual Property Overlaps
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Author : Robert Tomkowicz
language : en
Publisher:
Release Date : 2010
Intellectual Property Overlaps written by Robert Tomkowicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Intellectual property is traditionally split into three main segments that of copyright, patents and trademarks. In theory, each category of intellectual creations should belong in only one segment of the system and only to the extent authorized by relevant statutory provisions or judicial doctrines. However, as the scope of each segment expanded, their boundaries began to overlap, which resulted in consequences that had not been anticipated at the time of their inception and the issue of intellectual property rights overlaps surfaced. When the statutory monopoly expires, most intellectual property rights should vest in the general public. In practice however, due to overlaps of the segments comprising intellectual property system, some of the creations or inventions have qualities that make them capable of being protected under more than one intellectual property monopoly. For example, a machine can be protected under patent law, but drawings of that machine could enjoy copyright protection. The book identifies the complex interfaces between different intellectual property rights, especially in the context of new technologies, such as computer programs and the internet. The book considers intellectual property rights and their overlaps in light of the right's purposes, relying on the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. In doing so the book investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The book considers experiences of different jurisdictions with the overlaps, the US, the UK, and Canada in particular. The book also presents solutions to identified and potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. In particular, it suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property rights.
Intellectual Property Overlaps
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Author : Robert Tomkowicz
language : en
Publisher: Routledge
Release Date : 2013-03
Intellectual Property Overlaps written by Robert Tomkowicz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with Business & Economics categories.
Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet. The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property rights. This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.
The Oxford Handbook Of Intellectual Property Law
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Author : Rochelle Cooper Dreyfuss
language : en
Publisher: Oxford University Press
Release Date : 2018
The Oxford Handbook Of Intellectual Property Law written by Rochelle Cooper Dreyfuss and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
Transition And Coherence In Intellectual Property Law
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Author : Niklas Bruun
language : en
Publisher: Cambridge University Press
Release Date : 2022-07-07
Transition And Coherence In Intellectual Property Law written by Niklas Bruun and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-07 with Law categories.
The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of "intellectual property," is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.
Intellectual Property Overlaps
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Author : Estelle Derclaye
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-05-11
Intellectual Property Overlaps written by Estelle Derclaye and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-11 with Law categories.
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 problems. 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 and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.
Concepts Of Property In Intellectual Property Law
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Author : Helena Howe
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-26
Concepts Of Property In Intellectual Property Law written by Helena Howe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with Law categories.
This book explores the interaction between notions of property in law and particular aspects of intellectual property law.
Research Handbook On Intellectual Property And Investment Law
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Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Research Handbook On Intellectual Property And Investment Law written by Christophe Geiger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.