Full Description
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.
Contents
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 Trademark Rights Overlap
8: The Design/Copyright Overlap: Is There a Resolution?
9: Overlaps Between Copyright, Rights of Publicity, and Personality Rights
10: Overlapping Forms of Protection for Databases
11: Moral Rights and Economic Rights: Overlapping Protection of Authors under Copyright Law
12: Protection of Marks under Trademark Law and Passing Off
13: Overlapping Rights in Designs, Trademarks, and Trade Dress
14: Overlaps Between Trademarks and Geographical Indications
15: Domain Names and Trademarks
16: Trademarks, Common Law, and the Rights of Publicity
17: The Relationship Between Trademark Rights and Unfair Competition Law
18: The Combined Use of Trademarks or Service Mark with Certifications Marks or Collective Marks
19: The Relationship Between Intellectual Property Rights and Competition Laws
20: The Overlap Between Trade Secrets and Privacy
21: The Overlap of Intellectual Property and Traditional Knowledge
National Comparison Tables
