Overlapping Intellectual Property Rights by Neil WilkofOverlapping Intellectual Property Rights by Neil Wilkof

Overlapping Intellectual Property Rights

EditorNeil Wilkof, Shamnad Basheer

Hardcover | December 6, 2012

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Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categoriescreated to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Somepatterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. Theconceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap.Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.
Neil Wilkof is a member of the Bressler Group and he serves as special intellectual property counsel to Herzog, Fox and Neeman. He has been recognized by various surveys as a leading practitioner in the field of intellectual property and technology transfer. He has published numerous articles in the intellectual property law field and...
Title:Overlapping Intellectual Property RightsFormat:HardcoverDimensions:688 pagesPublished:December 6, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199696446

ISBN - 13:9780199696444

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Table of Contents

1. Navigating the Interface between Utility Patents and Copyright2. The Overlap between Patent and Design Protection3. Patents and Trade Secrets4. Interfaces in Plant Intellectual Property5. Patents and Utility Models6. Patents and Regulatory Data Exclusivity for Medicinal Products7. When Copyright and Trade Mark Rights Overlap8. The Design/Copyright Overlap: Is there a Resolution?9. Overlapping Forms of Protection for Databases10. Moral Rights or Economic Rights11. Protection of 'Famous' Marks under Trade Mark Law and Passing Off12. Overlapping Rights in Designs, Trade Marks and Trade Dress13. Overlaps between Trade Marks and Geographical Indications14. Domain Names and Trade Marks15. Publicity Rights, Trade Mark Right, and Property Rights16. The Relationship between Trade Mark Rights and Unfair Competition Law17. The Relationship between Intellectual Property Rights and Competition Laws