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Intellectual Property Overlaps

Intellectual Property Overlaps

A European Perspective

by Matthias Leistner and Estelle Derclaye
Hardback
Publication Date: 11/05/2011

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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.
ISBN:
9781841139500
9781841139500
Category:
Intellectual property law
Format:
Hardback
Publication Date:
11-05-2011
Language:
English
Publisher:
Bloomsbury Publishing PLC
Country of origin:
United Kingdom
Pages:
406
Dimensions (mm):
236x164x30mm
Weight:
0.76kg

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