CiNii Books - Intellectual property overlaps : a European perspective

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.

Table of Contents

1 INTRODUCTION I Definition of the Problem II Methodology III S tructure of the Book 2 INTERNATIONAL LAW I The Legal Framework II Copyright and Designs III Copyright and Trademarks IV Trademarks and Designs V Trademarks and Patents VI Patents and Designs VII C opyright and Patents VIII Patents and Plant Variety Rights IX Intellectual Property Rights and Unfair Competition X Conclusion: Identification of Principles Governing Overlaps in the International Agreements and Remaining Open Questions 3 EUROPEAN LAW I The Legal Framework II Copyright and Designs III Copyright and Trademarks IV Trademarks and Designs V Designs and Patents VI Trademarks and Patents VII Copyright and Patents VIII Patents and Plant Variety Rights IX Intellectual Property Rights and Unfair Competition X Conclusion: Identification of Principles Governing Overlaps in European Law and Remaining Open Questions 4 FRANCE I The Legal Framework II Copyright and Designs III Copyright and Trademarks IV Trademarks and Designs V Trademarks and Patents VI Patents and Designs VII Copyright and Patents VIII Patents and Plant Variety Rights IX Intellectual Property Rights and Unfair Competition X Conclusion: Identification of Principles Governing Overlaps in French Law and Remaining Open Questions 5 UNITED KINGDOM I The Legal Framework II Copyright and Designs III Copyright and Trademarks IV Trademarks and Designs V Trademarks and Patents VI Patents and Designs VII Copyright and Patents VIII Patents and Plant Variety Rights IX Intellectual Property Rights and Unfair Competition X Conclusion: Identification of Principles Governing Overlaps in UK Law and Remaining Open Questions 6 GERMANY I The Legal Framework II Copyright and Designs III Copyright and Trademarks IV Trademarks and Designs V Trademarks and Patents VI Copyright and Patents VII Patents and Plant Variety Rights VIII Intellectual Property Rights and Unfair Competition IX Conclusion: Identification of Principles Governing Overlaps in German Law and Remaining Open Questions 7 COMPARATIVE ANALYSIS, CONCLUSION AND OUTLOOK I Similarities and Differences Between the Legal Systems in the Rules Regulating the Overlaps II Reasons for the Prohibition or Authorisation of Overlaps III Determination of Criteria to Organise the Overlaps IV Solutions to Problems Caused by the Overlaps According to Criteria Developed in Section III V Conclusion and Outlook

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Intellectual property overlaps : a European perspective

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