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Overlapping Intellectual Property Rights, 2nd Edition

Overlapping Intellectual Property Rights, 2nd Edition

Author: Neil Wilkof; Shamnad Basheer
Publisher: Oxford University Press
ISBN: 9780192844477
Published In: March 2023
Format: Hardback , 600 pages
Jurisdiction: Australia, China, France, Germany, International, Japan, U.K., U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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Intellectual property rights are not the result of any legislative or judicial master plan. Rather, they have emerged from a confluence of factors, reaching back to the first appearances of judicial and statutory protection of intellectual property rights in the 18th century, and continuing apace. However, while intellectual property rights are separate and distinct, they will often overlap in providing legal protection for a common subject matter.

Given technological and commercial developments, the nature and scope of these overlaps is greater and more expansive than ever. As such, the need has never been keener to provide a foundation for a better understanding of the role of overlaps with respect to intellectual property law and practice. This book illuminates the diversity of these overlaps, presenting separate chapters on 21 pairs, adopting an understanding of what constitutes such rights, and including related administrative legal arrangements. The result taken together presents a unique comprehensive approach to the subject.

While the legal focus of these overlaps is US, UK, and European law, the book also contains comparison tables of the position of overlapping intellectual property rights in 17 countries around the world. These comparison tables complement the content chapters and provide the reader with an additional way to approach the subject by providing granular attention to how these overlaps play out in law and practice in countries with differing legal systems.
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 Trade Mark Rights Overlap
8: The Design/Copyright Overlap: Is there a Resolution?
9: Overlapping Forms of Protection for Databases
10: Moral Rights or Economic Rights
11: Protection of 'Famous' Marks under Trade Mark Law and Passing Off
12: Overlapping Rights in Designs, Trade Marks and Trade Dress
13: Overlaps between Trade Marks and Geographical Indications
14: Domain Names and Trade Marks
15: Publicity Rights, Trade Mark Right, and Property Rights
16: The Relationship between Trade Mark Rights and Unfair Competition Law
17: The Relationship between Intellectual Property Rights and Competition Laws
Edited by Neil Wilkof, Member of the Bressler Group, Special IP Counsel to Herzog, Fox & Neeman, Israel, and Shamnad Basheer, The West Bengal National University of Juridical Sciences, Kolkata, India

Neil Wilkof is a member of the Bressler Group and he serves as special intellectual property counsel to Herzog, Fox & 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 is on the editorial board of Intellectual Property Law and Practice. He has taught intellectual property law in several universities in the U.S. and Israel. Wilkof is a graduate of the Yale University, the University of Chicago and the University of Illinois.

Shamnad Basheer is the Ministry of Human Resource Development (HRD) Professor in Intellectual Property law at the National University of Juridical Sciences (NUJS), Kolkata. After graduating from the National Law School Bangalore, he joined Anand and Anand, a leading intellectual property law firm in New Delhi, where he rose to head the firm's IT and telecommunications law division. He then went on to do postgraduate studies as a Wellcome Trust Scholar at the University of Oxford and transitioned to academia. However he continues to consult with law firms, governments and intergovernmental institutions. In the past, he has been an IBA and an IPBA scholar and has published papers in leading intellectual property law journals. Shamnad was recently nominated as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF).

Contributors:
Tara Aaron, Aaron Sanders PLLC
Jonathan Band, Jonathan Band PLLC
Andrew Bridges, Fenwick & West LLP
Lionel Bentley, University of Cambridge
Brandon Butler, Association of Research Libraries
Anna Carboni, Redd Solicitors LLP
Dev Gangjee, London School of Economics
Duncan Curley, Innovate Legal
Sheldon Halpern, Albany Law School
Robert Harrison, 24IP Law Group
Belinda Isaac, Isaac & Co Solicitors
Mark Janis, Indiana University Maurer School of Law
David Llewelyn, King's College London
Craig Mende, Fross Zelnick Lehrman & Zissu, P.C.
David Musker, R G C Jenkins & Co
Alan Nemes, Husch Blackwell L.L.P.
Axel Nordemann, Boehmert & Boehmert
Mark Partridge, Partridge IP Law
Sam Ricketson, University of Melbourne
Mira Sundarrajan, Honorary Member of Magdalen College, Oxford University
Uma Suthersanen, Centre for Commercial Law Studies, Queen Mary, University of London
Marleen van den Horst, BarentsKrans NV
Ashwin van Rooijen, Clifford Chance L.L.P.
Thomas Vinje, Clifford Chance LLP

The Comparison Table Contributors:

Ugur Aktekin, Mehmet Gün & Partners
Sean Alexander, Gowling Lafleur Henderson
Roberto Arochi, Arochi, Marroquin & Lindner, S.C.
Ravi Bhola, K & S Partners
Katharine Chandler, Allens Arthur Robinson
Bertrand Cochet, France Telecom
Marina Drel, Gowlings
Valerie Dureisseix, Cabinet Plasseraud
Rob Fashler, Gowlings
Taku Fujiwara, Yuasa and Hara
Stephen Goldberg, Spoor & Fisher
Tim Golder, Allens Arthur Robinson
Sara Holder, Rouse & Co
Tim Iserief, Klos Morel Vos & Schaap
Takeshi Kanda, Yuasa and Hara
Rajendra Kumar, K & S Partners
FJ Labuschagne, Spoor & Fisher
Hoo Dong Lee, Bae Kim and Lee LLC
Gilbert Leong, Rodyk & Davidson LLP
In Gi Min, Bae Kim and Lee LLC
Manuel Morante, Arochi, Marroquin & Lindner S.C.
Matthew Murphy, MMLC Group
Gilles Ringeisen, Cabinet Plasseraud
Shamin Raghunandan, Spoor & Fisher
Dmitry Semenov, Gowlings
Madusudan Siddara Thippappa, K & S Partners
Benny Spiewak, ZCBS-Zancaner Costa, Bastos e Spiewak Advogados
Catherine Touati, Cabinet Plasseraud
Moïra Truijens, Klos Morel Vos & Schaap
Josine van den Berg, Klos Morel Vos & Schaap
Kai Westerwelle, Taylor Wessing
Neil Wilkof, Bressler Group
Kozo Yabe, Yuasa and Hara
Takashi Yamada, Yuasa and Hara