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Overlapping intellectual property rights / edited by Neil Wilkof, Shamnad Basheer.

Contributor(s): Publisher: New York : Oxford University Press, [2023]Edition: Second editionDescription: lxxx, 784 pages : illustrations ; 26 cmContent type:
  • text
ISBN:
  • 9780198922087
Subject(s): DDC classification:
  • 348.048 WIL
Contents:
1. Navigating the Interface Between Utility Patents and Copyrights / Stuart P. Meyer – 2. The Overlap Between Patent and Design Protection / David Musker – 3. Patents and Trade Secrets / Lionel Bently and Tanya Aplin – 4. Interfaces in Plant Intellectual Property / Mark D. Janis – 5. Patents and Utility Models / Robert Harrison – 6. Patents and Regulatory Data Exclusivity for Medicinal Products / Duncan Curley and Marleen H. J. van den Horst – 7. When Copyright and Trademark Rights Overlap / Belinda Isaac and Craig S. Mende – 8. The Design/Copyright Overlap: Is There a Resolution? / Sam Ricketson and Uma Suthersanen – 9. Overlaps Between Copyright, Rights of Publicity, and Personality Rights / Tyler T. Ochoa – 10. Overlapping Forms of Protection for Databases / Jonathan Band and Brandon Butler -- 11. Moral Rights and Economic Rights: Overlapping Protection of Authors Under Copyright Law / Mira T. Sundara Rajan – 12. Protection of Marks Under Trademark Law and Passing Off / Ilanah Simon Fhima – 13. Overlapping Rights in Designs, Trademarks, and Trade Dress / Alan S. Nemes and others – 14. Overlaps Between Trademarks and Geographical Indications / Dev Saif Gangjee – 15. Domain Names and Trademarks / Mark V. B. Partridge – 16. Trademarks, Common Law, and the Rights of Publicity / David Welkowitz – 17. The Relationship Between Trademark Rights and Unfair Competition Law / Axel Nordemann and Tara Aaron-Stelluto – 18. The Combined Use of Trademarks or Service Mark with Certifications Marks or Collective Marks / Irene Calboli – 19. The Relationship Between Intellectual Property Rights and Competition Laws / Thomas Vinje and Ashwin van Rooijen – 20. The Overlap Between Trade Secrets and Privacy / Maximilian Becker – 21. The Overlap of Intellectual Property and Traditional Knowledge / Susy Frankel – Index.
Summary: 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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1. Navigating the Interface Between Utility Patents and Copyrights / Stuart P. Meyer –
2. The Overlap Between Patent and Design Protection / David Musker –
3. Patents and Trade Secrets / Lionel Bently and Tanya Aplin –
4. Interfaces in Plant Intellectual Property / Mark D. Janis –
5. Patents and Utility Models / Robert Harrison –
6. Patents and Regulatory Data Exclusivity for Medicinal Products / Duncan Curley and Marleen H. J. van den Horst –
7. When Copyright and Trademark Rights Overlap / Belinda Isaac and Craig S. Mende –
8. The Design/Copyright Overlap: Is There a Resolution? / Sam Ricketson and Uma Suthersanen –
9. Overlaps Between Copyright, Rights of Publicity, and Personality Rights / Tyler T. Ochoa –
10. Overlapping Forms of Protection for Databases / Jonathan Band and Brandon Butler -- 11. Moral Rights and Economic Rights: Overlapping Protection of Authors Under Copyright Law / Mira T. Sundara Rajan –
12. Protection of Marks Under Trademark Law and Passing Off / Ilanah Simon Fhima –
13. Overlapping Rights in Designs, Trademarks, and Trade Dress / Alan S. Nemes and others –
14. Overlaps Between Trademarks and Geographical Indications / Dev Saif Gangjee –
15. Domain Names and Trademarks / Mark V. B. Partridge –
16. Trademarks, Common Law, and the Rights of Publicity / David Welkowitz –
17. The Relationship Between Trademark Rights and Unfair Competition Law / Axel Nordemann and Tara Aaron-Stelluto –
18. The Combined Use of Trademarks or Service Mark with Certifications Marks or Collective Marks / Irene Calboli –
19. The Relationship Between Intellectual Property Rights and Competition Laws / Thomas Vinje and Ashwin van Rooijen –
20. The Overlap Between Trade Secrets and Privacy / Maximilian Becker –
21. The Overlap of Intellectual Property and Traditional Knowledge / Susy Frankel –
Index.

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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