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.
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.
1: Navigating the Interface Between Utility Patents and
Copyright
2: The Overlap Between Patent and Design Protection
3: Patents and Trade Secrets
4: Interfaces in Plant Intellectual Property
5: Patents and Utility Models
6: Patents and Regulatory Data Exclusivity for Medicinal
Products
7: When Copyright and Trademark Rights Overlap
8: The Design/Copyright Overlap: Is There a Resolution?
9: Overlaps Between Copyright, Rights of Publicity, and Personality
Rights
10: Overlapping Forms of Protection for Databases
11: Moral Rights and Economic Rights: Overlapping Protection of
Authors under Copyright Law
12: Protection of Marks under Trademark Law and Passing Off
13: Overlapping Rights in Designs, Trademarks, and Trade Dress
14: Overlaps Between Trademarks and Geographical Indications
15: Domain Names and Trademarks
16: Trademarks, Common Law, and the Rights of Publicity
17: The Relationship Between Trademark Rights and Unfair
Competition Law
18: The Combined Use of Trademarks or Service Mark with
Certifications Marks or Collective Marks
19: The Relationship Between Intellectual Property Rights and
Competition Laws
20: The Overlap Between Trade Secrets and Privacy
21: The Overlap of Intellectual Property and Traditional
Knowledge
National Comparison Tables
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.
|
Ask a Question About this Product More... |
|
