Overlapping Intellectual Property RightsOverlapping Intellectual Property Rights



Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood.

Author: Neil Wilkof

Publisher: OUP Oxford

ISBN: 9780191642890

Category:

Page: 600

View: 156

Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.

Intellectual Property OverlapsIntellectual Property Overlaps



This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.

Author: Robert Tomkowicz

Publisher: Routledge

ISBN: 9781136637872

Category:

Page: 248

View: 946

Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet. The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property rights. This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.

Intellectual Property OverlapsIntellectual Property Overlaps



This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs.

Author: Estelle Derclaye

Publisher: Bloomsbury Publishing

ISBN: 9781847316516

Category:

Page: 406

View: 770

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.

Exhausting Intellectual Property RightsExhausting Intellectual Property Rights



Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.

Author: Shubha Ghosh

Publisher: Cambridge University Press

ISBN: 9781107115859

Category:

Page: 350

View: 193

Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.

The Oxford Handbook of Entrepreneurship and CollaborationThe Oxford Handbook of Entrepreneurship and Collaboration



intellectual. property. Strategies for Navigating Fragmented Property Rights
Michael B. Heeley and David R. King The ... firms face increasing fragmentation
and overlap of IP, suggesting that a re-examination of this question is warranted.

Author: Jeffrey J. Reuer

Publisher: Oxford University Press, USA

ISBN: 9780190633899

Category:

Page: 832

View: 116

Organizational collaboration has played an important role in the field of strategic management in recent decades, including influential works on joint ventures, networks, and social capital. Likewise, the field of entrepreneurship has long recognized the value of collaboration, since young ventures often don't have the latitude to own or control all of the resources they need. Rather, the conditions of uncertainty and resource scarcity inherent in entrepreneurship push these ventures to creatively access resources, often through partnerships and collaborations that vary in formality. Though the importance of collaboration to entrepreneurship might seem apparent, research on it is distributed across multiple contexts, theoretical perspectives, and units of analysis. The Oxford Handbook of Entrepreneurship and Collaboration is a comprehensive volume that addresses the most important topics related to collaboration and connects them to unique challenges and opportunities related to entrepreneurship. Bringing together leading scholars from both areas, the volume takes stock of the current literature and aims to advance this body of research by highlighting the role that collaboration plays in value creation, resource acquisition, and the development of entrepreneurial ventures.

Intellectual Property LawIntellectual Property Law



But increasingly multimedia products are becoming available which bring
together a range of visual , graphic , audio and written material from various
sources , covered by a veritable tangle of different and overlapping intellectual
property ...

Author: Paul Marett

Publisher:

ISBN: STANFORD:36105060123333

Category:

Page: 249

View: 328

A practical guide to the mechanisms for the control of waste management, this volume explains the roles of the individual producer; the waste regulation, collection and disposal authorities; and the role of the Secretary of State

Intellectual Property in the New Technological AgeIntellectual Property in the New Technological Age



Trademark protection under section 43 ( a ) has been extended by at least one
court to protect the " artistic style ” of an artist from copying . In Romm Art ... Is
there anything wrong with overlapping intellectual property protection ? After all ...

Author: Robert P. Merges

Publisher: Aspen Publishers

ISBN: STANFORD:36105060219628

Category:

Page: 1224

View: 112

A textbook that can be used for a comprehensive introductory course on intellectual property rights, or parts of it used in such courses as a surveys of intellectual property law with an emphasis on technology or of the protection of new technologies, or a more traditional course on copyright and tr

International Intellectual Property Law PolicyInternational Intellectual Property Law Policy



But , in reality , these intellectual property rights present a confusing picture .
They do tend to trespass one upon the other , as we have seen . This overlap
sometimes highlights the different policy rationales for the different rights . For
example ...

Author: Hugh C. Hansen

Publisher:

ISBN: STANFORD:36105060889438

Category:

Page:

View: 617

Intellectual Property Law in ArgentinaIntellectual Property Law in Argentina



Lawyers representing parties with interests in Argentina will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author: Guillermo Cabanellas

Publisher: Kluwer Law International B.V.

ISBN: 9789403502205

Category:

Page: 196

View: 480

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Argentina. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Argentina will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Intellectual Property Law in FranceIntellectual Property Law in France



Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author: Nicolas Bouche

Publisher: Kluwer Law International B.V.

ISBN: 9789403521602

Category:

Page: 344

View: 263

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in France. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Intellectual Property Law in PolandIntellectual Property Law in Poland



Lawyers representing parties with interests in Poland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author: Piotr Machnikowski

Publisher: Kluwer Law International B.V.

ISBN: 9789041189370

Category:

Page: 208

View: 657

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Poland. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Poland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Foundations of Intellectual PropertyFoundations of Intellectual Property



private ordering [ that ] may serve to ameliorate the problems of overlapping IP
rights in those industries in which IP is most problematic for innovation ,
particularly in the semiconductor , software , and telecommunications fields . " ) .

Author: Robert P. Merges

Publisher:

ISBN: STANFORD:36105063276047

Category:

Page: 526

View: 783

This book is meant to provide a ... collection of commentaries on the topic of intellectual property. [The] goal has been to bring together ... influential writings on patent, copyright, trademark and design protection, beginning with early material from the seventeenth century and continuing into the contemporary law review literature. -Pref.

Batman forever The economics of overlapping rightsBatman forever The economics of overlapping rights



When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can be overlapping.

Author: Cuntz, Alexander

Publisher: WIPO

ISBN:

Category:

Page: 52

View: 389

When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can be overlapping. Arguably, registering a trademark can increase transaction costs for cross-media uses of characters, or it can help advertise across multiple sales channels. In an application to book, movie and video game publishing industries, we thus ask how creative reuse (innovation in uses) is affected in situations of overlapping rights, and whether ‘fuzzy boundaries’ of right frameworks are in fact enhancing or decreasing content sales.

Intellectual Property Law in ColombiaIntellectual Property Law in Colombia



Lawyers representing parties with interests in Intellectual Property Law in Colombia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author: Daniel Peña

Publisher: Kluwer Law International B.V.

ISBN: 9789403501819

Category:

Page: 220

View: 703

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Intellectual Property Law in Colombia. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Intellectual Property Law in Colombia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Intellectual Property Law in SwitzerlandIntellectual Property Law in Switzerland



Lawyers representing parties with interests in the Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author: François Dessemontet

Publisher: Kluwer Law International B.V.

ISBN: 9789403516721

Category:

Page: 232

View: 528

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in the Switzerland. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in the Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Intellectual Property in Business TransactionsIntellectual Property in Business Transactions



§9.13 F. Combined and Overlapping Types of Intellectual Property As a practical
matter, IP Collateral often includes more than one type of intellectual property.
For example, the intellectual property rights in the video game playable on a ...

Author: Louis R. Dienes

Publisher: Continuing Education of the Bar-California

ISBN: STANFORD:36105064226728

Category:

Page: 472

View: 170