Overlapping Rights

The Oxford Handbook of Intellectual Property Rights, edited by R. Dreyfuss and J. Pila, Oxford University Press (2017), Forthcoming

34 Pages Posted: 11 Mar 2017

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Date Written: January 3, 2017

Abstract

Intellectual property (IP) overlaps can arise as a result of two or more different types of endeavor (e.g. 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 (e.g. 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.

Keywords: patent, copyright, trademark, design, plant variety right, EU, USA, international, overprotection, overlaps, public domain, competition, freedom of speech, free movement of goods and services

Suggested Citation

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, Available at SSRN: https://ssrn.com/abstract=2930841

Estelle Derclaye (Contact Author)

University of Nottingham, School of law ( email )

Nottingham NG7 2RD
United Kingdom

HOME PAGE: http://www.nottingham.ac.uk/law2/staff/estelle.derclaye

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