Estelle Derclaye, ‘Overlapping Rights’

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 over-protection that many overlaps pose, and concludes with a forecast for the direction of the topic.

Derclaye, Estelle, Overlapping Rights (January 3, 2017). The Oxford Handbook of Intellectual Property Rights, edited by R Dreyfuss and J Pila, Oxford University Press (2017), forthcoming.

First posted 2017-03-13 06:14:57

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