Overlapping Intellectual Property Rights
While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter.

This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap.

While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.
1110389177
Overlapping Intellectual Property Rights
While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter.

This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap.

While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.
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Overlapping Intellectual Property Rights

Overlapping Intellectual Property Rights

Overlapping Intellectual Property Rights

Overlapping Intellectual Property Rights

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Overview

While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter.

This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap.

While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.

Product Details

ISBN-13: 9780199696444
Publisher: Oxford University Press
Publication date: 10/25/2012
Pages: 600
Product dimensions: 6.60(w) x 9.80(h) x 4.60(d)

About the Author

Neil Wilkof, Dr. Eyal Bressler & Co, Shamnad Basheer, Professor, Increasing Diversity by Increasing Access to Legal Education (IDIA), Irene Calboli, Texas A&M School of Law

Neil Wilkof served for over 20 years as an adjunct lecturer in intellectual property law in various institutions in the United States, Israel, and India. He has published widely in academic and professional publications, and has lectured extensively in the United States, Europe, and Asia. He has been a member of the IPKat blog team for nearly 15 years. Mr. Wilkof served as a partner and head of the IP department in Israel's largest law firm. He is magna cum laude graduate of Yale University, the University of Chicago, and the University of Illinois.

Shamnad Basheer was co-editor of the first edition of this book, and he was engaged in preparing the second edition at the time of his tragic death in August 2019. Shamnad graduated with Honors from the National Law School of India Bangalore. He worked in the private sector, practicing IP law in Delhi. He earned a BCL with Distinction, and in turn an MPhil and DPhil in law at Oxford.

Shamnad taught at George Washington University in Washington, DC, then moved to the National University of Juridical Sciences in Kolkata as the Ministry of HRD Chaired Professor of Intellectual Property. He had been a guest lecturer at the University of Pennsylvania and Harvard University. Shamnad was also Founder of the IDIA Charitable Trust.

In 2018, Shamnad was recognized by Obelisk Support as one of the top ten lawyers who are changing the world for the better. Also in 2018, Shamnad received the Pirappancode Memorial Award for 'outstanding social justice lawyering'.

Irene Calboli is Professor of Law at Texas A&M University School of Law, Academic Fellow at the School of Law, University of Geneva, Senior Fellow at Melbourne Law School, and Transatlantic Technology Law Fellow at Stanford University. In 2022, she was Fulbright-Hanken Distinguished Chair in Law and Economics in Finland. Her recent books include the Handbook of Intellectual Property Research (OUP, 2021), and The Protection of Non Traditional Trademarks: Critical Perspectives (OUP, 2018). Irene is a member of the Editorial Board of the Queen Mary Journal of Intellectual Property, the Journal of Intellectual Property Law and Practice (OUP), and the WIPO-WTO Colloquium Papers.

Table of Contents

1. Navigating the Interface Between Utility Patents and Copyright2. The Overlap Between Patent and Design Protection3. Patents and Trade Secrets4. Interfaces in Plant Intellectual Property5. Patents and Utility Models6. Patents and Regulatory Data Exclusivity for Medicinal Products7. When Copyright and Trademark Rights Overlap8. The Design/Copyright Overlap: Is There a Resolution? 9. Overlaps Between Copyright, Rights of Publicity, and Personality Rights10. Overlapping Forms of Protection for Databases11. Moral Rights and Economic Rights: Overlapping Protection of Authors under Copyright Law12. Protection of Marks under Trademark Law and Passing Off13. Overlapping Rights in Designs, Trademarks, and Trade Dress14. Overlaps Between Trademarks and Geographical Indications15. Domain Names and Trademarks16. Trademarks, Common Law, and the Rights of Publicity17. The Relationship Between Trademark Rights and Unfair Competition Law18. The Combined Use of Trademarks or Service Mark with Certifications Marks or Collective Marks19. The Relationship Between Intellectual Property Rights and Competition Laws20. The Overlap Between Trade Secrets and Privacy21. The Overlap of Intellectual Property and Traditional KnowledgeNational Comparison Tables
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