Intellectual Property Overlaps

Author : Robert Tomkowicz
Publisher : Routledge
Page : 249 pages
File Size : 41,6 Mb
Release : 2013-03
Category : Business & Economics
ISBN : 9781136637872

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Intellectual Property Overlaps by Robert Tomkowicz Pdf

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.

Author : Neil Wilkof,Shamnad Basheer
Publisher : OUP Oxford
Page : 2706 pages
File Size : 44,7 Mb
Release : 2012-08-30
Category : Law
ISBN : 9780191642890

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Overlapping Intellectual Property Rights by Neil Wilkof,Shamnad Basheer Pdf

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.

Author : Estelle Derclaye,Matthias Leistner
Publisher : Bloomsbury Publishing
Page : 406 pages
File Size : 50,9 Mb
Release : 2011-05-11
Category : Law
ISBN : 9781847316516

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Intellectual Property Overlaps by Estelle Derclaye,Matthias Leistner Pdf

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.

Author : Robert Tomkowicz
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2010
Category : Electronic
ISBN : OCLC:1376383649

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Intellectual Property Overlaps by Robert Tomkowicz Pdf

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.

Author : Robert Tomkowicz
Publisher : Unknown
Page : 212 pages
File Size : 47,9 Mb
Release : 2012
Category : Intellectual property
ISBN : OCLC:785783307

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Intellectual Property Overlaps by Robert Tomkowicz Pdf

Author : Nuno de Araújo Sousa e Silva
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 43,7 Mb
Release : 2014
Category : Law
ISBN : 3848713950

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The Ownership Problems of Overlaps in European Intellectual Property by Nuno de Araújo Sousa e Silva Pdf

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.

Author : Rochelle Cooper Dreyfuss,Justine Pila
Publisher : Oxford University Press
Page : 1025 pages
File Size : 43,8 Mb
Release : 2018
Category : Law
ISBN : 9780198758457

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The Oxford Handbook of Intellectual Property Law by Rochelle Cooper Dreyfuss,Justine Pila Pdf

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.

Author : Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly
Publisher : Cambridge University Press
Page : 531 pages
File Size : 46,7 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781108484602

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Transition and Coherence in Intellectual Property Law by Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly Pdf

This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.

Author : Graeme W. Austin,Andrew F. Christie,Andrew T. Kenyon,Megan Richardson
Publisher : Cambridge University Press
Page : 345 pages
File Size : 51,8 Mb
Release : 2020-03-12
Category : Law
ISBN : 9781108485159

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Interconnected Intellectual Property by Graeme W. Austin,Andrew F. Christie,Andrew T. Kenyon,Megan Richardson Pdf

A timely examination of fundamental issues in intellectual property (IP) law, with international perspectives looking across regimes, jurisdictions, disciplines and professions.

Author : Neil J. Wilkof,Shamnad Basheer,Irene Calboli
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 2023
Category : Intellectual property
ISBN : 0191967718

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Overlapping Intellectual Property Rights by Neil J. Wilkof,Shamnad Basheer,Irene Calboli Pdf

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.

Author : Jeremy de Beer
Publisher : Wilfrid Laurier Univ. Press
Page : 204 pages
File Size : 41,7 Mb
Release : 2009-04-24
Category : Law
ISBN : 9781554581641

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Implementing the World Intellectual Property Organization’s Development Agenda by Jeremy de Beer Pdf

The newly adopted World Intellectual Property Organization (WIPO) Development Agenda presents a real opportunity to revolutionize the international governance of intellectual property law and policy. The litmus test for its success, however, will be if and how the agenda is implemented in practice. This edited collection brings together a series of incisive essays written by leading thinkers from emerging economies, Canada, and elsewhere to develop concrete strategies for implementing the agenda. The essays cover a range of fundamental issues surrounding the agenda and examine its recommendations from multidisciplinary and multi-regional perspectives. Several essays explore the role of WIPO and its member states in steering the direction of future reform as well as potential approaches to achieve this goal. Other contributions examine specific recommendations on WIPO’s activities within the broader context of development. This volume will be a useful source of reference for informed but non-expert readers, including government officials and delegates at international and “capital” levels, leaders of the international business community, individuals in inter- and non-governmental organizations, and scholars in the fields of law and international governance. Co-published with the International Development Research Centre and the Centre for International Governance Innovation

Author : Annette Kur,Vytautas Mizaras
Publisher : Edward Elgar Publishing
Page : 385 pages
File Size : 41,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931542

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The Structure of Intellectual Property Law by Annette Kur,Vytautas Mizaras Pdf

In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

Author : Jonathan Griffiths,Tuomas Mylly
Publisher : Oxford University Press
Page : 401 pages
File Size : 53,8 Mb
Release : 2022-02-14
Category : Law
ISBN : 9780198863168

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Global Intellectual Property Protection and New Constitutionalism by Jonathan Griffiths,Tuomas Mylly Pdf

The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.

Author : Reto Hilty,Jyh-An Lee,Kung-Chung Liu
Publisher : Oxford University Press, USA
Page : 465 pages
File Size : 42,7 Mb
Release : 2021-02-25
Category : Law
ISBN : 9780198870944

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Artificial Intelligence and Intellectual Property by Reto Hilty,Jyh-An Lee,Kung-Chung Liu Pdf

This edited volume provides a broad and comprehensive picture of the intersection between Artificial Intelligence technology and Intellectual Property law, covering business and the basics of AI, the interactions between AI and patent law, copyright law, and IP administration, and the legal aspects of software and data.

Author : Christophe Geiger
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 49,5 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781783472420

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Research Handbook on Human Rights and Intellectual Property by Christophe Geiger Pdf

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re