Javascript must be enabled to continue!
Overlapping Rights
View through CrossRef
Intellectual property (IP) overlaps can arise as a result of two or more different types of endeavor (eg, an artistic work created at the outset to be registered a trademark) or as a result of two or more IP rights protecting a single type of endeavor (eg, patent and copyright protecting the same computer program). This chapter categorizes and reviews the several IP overlaps that exist and the principles and rules that apply to them, mainly from a European (EU) perspective, with a comparative outlook where possible. It proposes solutions to the twin problems of regime clashes and overprotection that many overlaps pose, and concludes with a forecast for the direction of the topic.
Title: Overlapping Rights
Description:
Intellectual property (IP) overlaps can arise as a result of two or more different types of endeavor (eg, an artistic work created at the outset to be registered a trademark) or as a result of two or more IP rights protecting a single type of endeavor (eg, patent and copyright protecting the same computer program).
This chapter categorizes and reviews the several IP overlaps that exist and the principles and rules that apply to them, mainly from a European (EU) perspective, with a comparative outlook where possible.
It proposes solutions to the twin problems of regime clashes and overprotection that many overlaps pose, and concludes with a forecast for the direction of the topic.
Related Results
European Yearbook on Human Rights 2020
European Yearbook on Human Rights 2020
In light of the 30th anniversary of the UN Convention on the Rights of the Child in 2019, the twelfth edition of the European Yearbook on Human Rights is dedicated to the rights of...
Moral Rights of Animals
Moral Rights of Animals
Edited by Mylan Engel Jr. and Gary Lynn Comstock, this book employs different ethical lenses, including classical deontology, libertarianism, commonsense morality, virtue ethics, u...
Historical Dictionary of Human Rights and Humanitarian Organizations
Historical Dictionary of Human Rights and Humanitarian Organizations
The Historical Dictionary of Human Rights and Humanitarian Organizations, Third Edition defines the core concepts of human rights and humanitarian law. It relates the major interna...
Struggle over Human Rights
Struggle over Human Rights
The Struggle over Human Rights: The Non-Aligned Movement, Jimmy Carter, and Neoliberalism traces the origins of the relationship between neoliberalism and the modern doctrine of hu...
Fundamental Rights in EU Internal Market Legislation
Fundamental Rights in EU Internal Market Legislation
This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple:...
Comparative Human Rights Law
Comparative Human Rights Law
Abstract
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist spe...
Human Rights and Legal Judgments
Human Rights and Legal Judgments
Human rights can be defined as the basic fundamental rights inherent to all human beings in any society. How these rights are made available and protected in individual countries i...
The Moral Rights of Authors and Artists
The Moral Rights of Authors and Artists
Abstract
Moral rights protect the rights of authors and artists to be acknowledged as the creators of their works, and to protect their creations from harm. As part ...

