Overlapping Intellectual Property Rights
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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.
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.
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 : 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.
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.
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.
Intellectual Property Basics A Q A For Students
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2019-04-26
Intellectual Property Basics A Q A For Students written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-26 with Law categories.
Compiled by the China National Intellectual Property Administration (CNIPA) with the support of the WIPO China Funds-in-Trust, this book gives students a basic yet comprehensive understanding of IP. Using a question-and-answer format, it covers the general rules of the IP system as well as the essentials of patents, copyright, trademarks and other forms of IP, such as industrial designs, geographical indications and traditional knowledge.
Exhausting Intellectual Property Rights
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Author : Shubha Ghosh
language : en
Publisher:
Release Date : 2018
Exhausting Intellectual Property Rights written by Shubha Ghosh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Intellectual property categories.
"Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. The World Trade Organization, and the attendant Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) Agreement, speak to the push for open markets supported by uniform intellectual property laws. Against this dynamic is the push-back from nation states and regional agreements that adapt treaty obligations to the needs of local economic development"--
Justifying Intellectual Property
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Author : Robert P. Merges
language : en
Publisher: Harvard University Press
Release Date : 2011-06-13
Justifying Intellectual Property written by Robert P. Merges and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-13 with Business & Economics categories.
In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.
Overlapping Intellectual Property Rights
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Author : Neil J. Wilkof
language : en
Publisher:
Release Date : 2023
Overlapping Intellectual Property Rights written by Neil J. Wilkof and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Intellectual property categories.
This title considers the overlap between intellectual property rights. Individual chapters examine discrete pairs of IP rights, with a series of comparison tables setting out the law regarding IP rights across the world.