Cover
Title
Copyright
PREFACE TO THE FIRST EDITION
PREFACE TO THE SECOND EDITION
Remembering Shamnad Basheer
CONTENTS
LIST OF CONTRIBUTORS
TABLE OF CASES
INTRODUCTION AND ORGANIZING PRINCIPLES
How the Development of Intellectual Property Rights Has Framed the Approach to Presenting the Overlaps
The Meaning of the Term ‘Intellectual Property’ for This Volume
What Does It Mean That Two Rights Overlap
The Structure of the Book
NAVIGATING THE INTERFACE BETWEEN UTILITY PATENTS AND COPYRIGHTS
A. Hypothetical
B. Both Overlaps and Gaps Result from the Conceptual Underpinnings of Patent and Copyright Law
C. Different Ways to Similar Goals— Significant Differences in the Manner of Obtaining Copyright and Patent Protection
D. Boundaries— The Extent of Protection for Patents and Copyrights
E. Why Do Copyrights and Patents Have Such Drastically Different Durations?
F. Copyright and Patent Enforcement
G. A Brief Catalogue of Unresolved Issues
H. Conclusion
THE OVERLAP BETWEEN PATENT AND DESIGN PROTECTION
A. Hypothetical— the Circular Beach Towel
B. Do Overlaps Matter?
C. Patent/ Design Antioverlap Provisions
D. Systemic Crosslinks
E. Patents and Designs— Twins or Antonyms?
F. Design Law Exclusions
G. The Circular Beach Towel Revisited
PATENTS AND TRADE SECRETS
A. Hypothetical
B. Introduction
C. Preferring Trade Secrecy to Patents
D. Trade Secrecy Prior to Patenting
E. Trade Secrecy Alongside Patents
F. Conclusion
INTERFACES IN PLANT INTELLECTUAL PROPERTY
A. Hypothetical
B. Conceptual Overview
C. Analysing Interface Issues in Plant Intellectual Property
D. Conclusion
E. Summary
PATENTS AND UTILITY MODELS
A. Hypothetical
B. The Utility Model
C. Protection in Germany
D. Utility Models Worldwide
E. A European Proposal
F. Examination
G. Division/ Branching
H. Level of Inventiveness
I. Conclusion
J. Summary
PATENTS AND REGULATORY DATA EXCLUSIVITY FOR MEDICINAL PRODUCTS
A. Hypothetical
B. Introduction
C. The EU Battleground: Data Exclusivity, Patents, and Supplementary Protection Certificates
D. Conclusion
E. Summary
WHEN COPYRIGHT AND TRADEMARK RIGHTS OVERLAP
A. Hypothetical
B. Introduction
C. Conceptual Overview
D. Legal Reality— How the Interface Plays Out in Practice
E. Conclusion
F. Summary
THE DESIGN/ COPYRIGHT OVERLAP: IS THERE A RESOLUTION?
A. Hypothetical
B. The Meaning of ‘Design’
C. Berne Convention
D. The Paris Convention for the Protection of Industrial Property
E. TRIPS Agreement
F. Jurisprudential Analysis of the National and Regional Copyright/ Design Interface
Design Laws
G. Efficacy of
H. Summary
OVERLAPS BETWEEN COPYRIGHT, RIGHTS OF PUBLICITY, AND PERSONALITY RIGHTS
A. Hypothetical
B. Introduction and Overview
C. United States
D. United Kingdom
E. European Union
F. Conclusion
OVERLAPPING FORMS OF PROTECTION FOR DATABASES
A. Hypothetical
B. Conflicting Models of Database Protection
C. The European Union Database Directive
D. The United States
E. International Agreements
F. Summary
MORAL RIGHTS AND ECONOMIC RIGHTS: OVERLAPPING PROTECTION OF AUTHORS UNDER COPYRIGHT LAW
A. Hypothetical
B. Introduction
C. Copyright in the Commonlaw Countries: The Example of Théberge
D. An Exclusionary Approach: Legal vs Creative Reality
E. Overlapping Rights: A Theoretical Perspective
F. Conclusion: A ‘Unitary’ Author’s Right?
PROTECTION OF MARKS UNDER TRADEMARK LAW AND PASSING OFF
A. Hypothetical
B. Introduction
C. Overlapping Frameworks for Protection
D. Qualification for Protection
E. Scope of Protection
F. Loss of Protection
G. When Registrations and Goodwill Clash
H. Back to the Hypothetical
OVERLAPPING RIGHTS IN DESIGNS, TRADEMARKS, AND TRADE DRESS
A. Hypothetical
B. Introduction
C. The United States
D. The European Union
E. Practical Advice and Insights
OVERLAPS BETWEEN TRADEMARKS AND GEOGRAPHICAL INDICATIONS
A. Hypothetical
B. Conceptual Overview
C. Practical Considerations: Conflicts, Generic Status, and Choosing between Systems
D. Conclusion
DOMAIN NAMES AND TRADEMARKS
A. Hypothetical
B. The Conceptual Framework
C. Practical Advice
D. Application of Traditional Trademark Principles to Domain Names
E. Application to Hypothetical
F. Summary
TRADEMARKS, COMMON LAW, AND THE RIGHTS OF PUBLICITY
A. Hypothetical
B. The Emergence of the Right of Publicity in the United States
C. Expansion of the Right of Publicity
D. Merchandising and the Right of Publicity
E. Postmortem Rights
F. Other Relevant IP Rights: Trademarks
G. Copyright and Rights of Publicity
H. Summary: The Overlapping of Rights of Publicity, Trademark, and Copyright
I. First Amendment/ Free Speech Issues
THE RELATIONSHIP BETWEEN TRADEMARK RIGHTS AND UNFAIR COMPETITION LAW
A. Hypothetical
B. Introduction
C. Legal Background
D. Slavish Imitations under Unfair Competition Law and Trademark Law
E. Consumer Deception by Creating Confusing Similarity between Trademarks and/ or Products under Unfair Competition Law and Trad
F. Comparative Advertising
G. Discussion and Summary
THE COMBINED USE OF TRADEMARKS OR SERVICE MARK WITH CERTIFICATIONS MARKS OR COLLECTIVE MARKS
A. Hypotheticals
B. Introduction
C. International Framework
D. The United States
E. The European Union
F. Conclusion
THE RELATIONSHIP BETWEEN INTELLECTUAL PROPERTY RIGHTS AND COMPETITION LAWS
A. Hypothetical
B. Introduction
C. A Complementary Yet Tense Relationship
D. Internal Balancing in Intellectual Property Rights
E. Unilateral Refusals to License under Competition Law
F. Specific Issues Involving Standards
G. Conclusion
H. Summary
THE OVERLAP BETWEEN TRADE SECRETS AND PRIVACY
A. Hypothetical
B. Introduction
C. Information Theory and Rights in Data
D. Trade Secrets
E. Privacy
F. How Does the Concept of Secrecy Relate to Privacy? A Comparison of the ‘Protection Requirements’ for Personal Data and Trade
G. Exemplary Overlaps between the GDPR and Trade Secrets Protection
H. Summary
THE OVERLAP OF INTELLECTUAL PROPERTY AND TRADITIONAL KNOWLEDGE
A. Hypothetical
B. Understanding What Traditional Knowledge Claims Are About
C. The Public Domain Constructed from Intellectual Property
D. Overlaps with Intellectual Property Rights
E. Intellectual Property Mechanisms to Address Overlaps
F. Conclusion
Australia
Brazil
Canada
China
France
Germany
India
Israel
Japan
Korea
Mexico
Netherlands
Russia
Singapore
South Africa
Turkey
United Arab Emirates
INDEX