Overlapping Intellectual Property Rights

Author : Neil Wilkof,Shamnad Basheer
Publisher : OUP Oxford
Page : 2706 pages
File Size : 51,5 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 : Neil Wilkof
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 54,6 Mb
Release : 2023-02-28
Category : Electronic
ISBN : 0192844474

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Overlapping Intellectual Property Rights by Neil Wilkof Pdf

While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter. This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap. While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.

Author : Neil J. Wilkof,Shamnad Basheer,Irene Calboli
Publisher : Unknown
Page : 0 pages
File Size : 54,7 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 : Robert Tomkowicz
Publisher : Routledge
Page : 249 pages
File Size : 50,8 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 : Rochelle Cooper Dreyfuss,Justine Pila
Publisher : Oxford University Press
Page : 1025 pages
File Size : 45,7 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 : Shubha Ghosh,Irene Calboli
Publisher : Cambridge University Press
Page : 231 pages
File Size : 52,7 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781107115859

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Exhausting Intellectual Property Rights by Shubha Ghosh,Irene Calboli Pdf

Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.

Author : Neil J. Wilkof,Shamnad Basheer
Publisher : Unknown
Page : 536 pages
File Size : 55,8 Mb
Release : 2013
Category : Intellectual property
ISBN : 0198095406

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

Author : Nuno de Araújo Sousa e Silva
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 47,7 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 : 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 : Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly
Publisher : Cambridge University Press
Page : 531 pages
File Size : 48,7 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 : Nicolas Bouche
Publisher : Kluwer Law International B.V.
Page : 171 pages
File Size : 47,9 Mb
Release : 2017-06-20
Category : Law
ISBN : 9789041190604

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Intellectual Property Law in France by Nicolas Bouche Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in France. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author : Robert Tomkowicz
Publisher : Unknown
Page : 0 pages
File Size : 54,8 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 : World Intellectual Property Organization,China National Intellectual Property Administration (CNIPA)
Publisher : WIPO
Page : 72 pages
File Size : 44,5 Mb
Release : 2019-04-26
Category : Law
ISBN : 9789280530353

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Intellectual Property Basics: A Q&A for Students by World Intellectual Property Organization,China National Intellectual Property Administration (CNIPA) Pdf

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.

Author : Jonathan Griffiths,Tuomas Mylly
Publisher : Oxford University Press
Page : 401 pages
File Size : 52,9 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 : Cuntz, Alexander,Kaiser, Franziska,World Intellectual Property Organization
Publisher : WIPO
Page : 53 pages
File Size : 42,9 Mb
Release : 2020-10-13
Category : Law
ISBN : 8210379456XXX

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Batman forever? The economics of overlapping rights by Cuntz, Alexander,Kaiser, Franziska,World Intellectual Property Organization Pdf

When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can be overlapping. Arguably, registering a trademark can increase transaction costs for cross-media uses of characters, or it can help advertise across multiple sales channels. In an application to book, movie and video game publishing industries, we thus ask how creative reuse (innovation in uses) is affected in situations of overlapping rights, and whether ‘fuzzy boundaries’ of right frameworks are in fact enhancing or decreasing content sales.