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The Ownership Problems of Overlaps in European Intellectual Property

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Intellectual Property rights are expanding and, thus, overlapping more than ever before. This poses challenges to a system devised as comprising a set of isolated compartments, each with its defined purpose.The diverging rules concerning ownership and entitlement can lead to different rights on the same object being owned by different persons. What happens then? This question is addressed under European law, focusing on the existing corpus of EU primary and secondary legislation and jurisprudence and the national laws of France, Germany and the UK.Five specific cases are considereded: trade marks and designs, trade marks and copyright, designs and copyright, data-base sui generis right and copyright and copyright and patents in the field of computer programs.Some solutions to the problem, namely convergence of ownership rules, avoidance of overlaps, prevalence of the closest regime, abuse of rights, implied licences, and expanding copyright solutions by analogy, are analysed.

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Series Title

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Call Number

340 SIL o

Publisher

Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG., 2014

Collation

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Language

English

ISBN/ISSN

9783845254494

Classification

340

Content Type

text

Media Type

computer

Carrier Type

online resource

Edition

1

Subject(s)

Law / Commercial

Specific Detail Info

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Statement of Responsibility

Nuno de Araújo Sousa e Silva

Other Information

Cataloger

agus

Source

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Validator

maya

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