Get Ownership Problems of Overlaps in European Intellectual PDF
By Nuno de Araujo Sousa e Silva
Highbrow estate rights are increasing and, therefore, overlapping greater than ever prior to. This poses demanding situations to a method devised as comprising a suite of remoted cubicles, every one with its outlined purpose.
The diverging principles pertaining to possession and entitlement can lead to diverse rights at the related item being owned by means of diverse folks. What occurs then?
this query is addressed below ecu legislations, targeting the current corpus of european basic and secondary laws and jurisprudence and the nationwide legislation of France, Germany and the UK.
5 particular situations are considereded: exchange marks and designs, alternate marks and copyright, designs and copyright, data-base sui generis correct and copyright and copyright and patents within the box of laptop programs.
a few recommendations to the matter, specifically convergence of possession principles, avoidance of overlaps, incidence of the nearest regime, abuse of rights, implied licences, and increasing copyright ideas through analogy, are analysed.