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Overlapping Intellectual Property Rights 2nd ed

Edited by: Neil Wilkof, Irene Calboli

ISBN13: 9780192844477
Previous Edition ISBN: 9780199696444
Published: February 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £240.00



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Intellectual property rights are not the result of any legislative or judicial master plan. Rather, they have emerged from a confluence of factors, reaching back to the first appearances of judicial and statutory protection of intellectual property rights in the 18th century, and continuing apace. However, while intellectual property rights are separate and distinct, they will often overlap in providing legal protection for a common subject matter.

Given technological and commercial developments, the nature and scope of these overlaps is greater and more expansive than ever. As such, the need has never been keener to provide a foundation for a better understanding of the role of overlaps with respect to intellectual property law and practice. This book illuminates the diversity of these overlaps, presenting separate chapters on 21 pairs, adopting an understanding of what constitutes such rights, and including related administrative legal arrangements. The result taken together presents a unique comprehensive approach to the subject.

While the legal focus of these overlaps is US, UK, and European law, the book also contains comparison tables of the position of overlapping intellectual property rights in 17 countries around the world. These comparison tables complement the content chapters and provide the reader with an additional way to approach the subject by providing granular attention to how these overlaps play out in law and practice in countries with differing legal systems.

Subjects:
Intellectual Property Law
Contents:
1:Navigating the Interface Between Utility Patents and Copyrights
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:(Irene Calboli's chapter)
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