Intellectual Property Overlaps

A European Perspective
1. Auflage 2011
ISBN: 978-1-84113-950-0
Verlag: Bloomsbury 3PL

Buch, Englisch, 406 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 775 g

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.

Autoren/Hrsg.

Derclaye, Estelle

Leistner, Matthias

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäischer Gewerblicher Rechtsschutz, Medien-, IT- und Urheberrecht

Inhaltsverzeichnis

1 INTRODUCTION
I Definition of the Problem

II Methodology

III S tructure of the Book

2 INTERNATIONAL LAW

I The Legal Framework

II Copyright and Designs

III Copyright and Trademarks

IV Trademarks and Designs

V Trademarks and Patents

VI Patents and Designs

VII C opyright and Patents

VIII Patents and Plant Variety Rights

IX Intellectual Property Rights and Unfair Competition

X Conclusion: Identification of Principles Governing Overlaps in the International Agreements and Remaining Open Questions

3 EUROPEAN LAW

I The Legal Framework

II Copyright and Designs

III Copyright and Trademarks

IV Trademarks and Designs

V Designs and Patents

VI Trademarks and Patents

VII Copyright and Patents

VIII Patents and Plant Variety Rights

IX Intellectual Property Rights and Unfair Competition

X Conclusion: Identification of Principles Governing Overlaps in European Law and Remaining Open Questions

4 FRANCE

I The Legal Framework

II Copyright and Designs

III Copyright and Trademarks

IV Trademarks and Designs

V Trademarks and Patents

VI Patents and Designs

VII Copyright and Patents

VIII Patents and Plant Variety Rights

IX Intellectual Property Rights and Unfair Competition

X Conclusion: Identification of Principles Governing Overlaps in French Law and Remaining Open Questions
5 UNITED KINGDOM

I The Legal Framework

II Copyright and Designs

III Copyright and Trademarks

IV Trademarks and Designs
V Trademarks and Patents

VI Patents and Designs

VII Copyright and Patents

VIII Patents and Plant Variety Rights

IX Intellectual Property Rights and Unfair Competition

X Conclusion: Identification of Principles Governing Overlaps in UK Law and Remaining Open Questions

6 GERMANY
I The Legal Framework

II Copyright and Designs

III Copyright and Trademarks

IV Trademarks and Designs

V Trademarks and Patents

VI Copyright and Patents

VII Patents and Plant Variety Rights

VIII Intellectual Property Rights and Unfair Competition

IX Conclusion: Identification of Principles Governing Overlaps in German Law and Remaining Open Questions
7 COMPARATIVE ANALYSIS, CONCLUSION AND OUTLOOK
I Similarities and Differences Between the Legal Systems in the Rules Regulating the Overlaps
II Reasons for the Prohibition or Authorisation of Overlaps

III Determination of Criteria to Organise the Overlaps

IV Solutions to Problems Caused by the Overlaps According to Criteria Developed in Section III

V Conclusion and Outlook

Über Autor(innen)

Estelle Derclaye is Associate Professor and Reader in Intellectual Property Law at the University of Nottingham.
Matthias Leistner holds the Chair for Civil Law, Intellectual Property and Competition Law and is Director of the Institute for Commercial and Economic Law at the University of Bonn.