Protection Overlaps in Intellectual Property Law
About This Course
At the end of the course, participants will acquire the following:
1. knowledge and deeper understanding of the core rationales of individual intellectual property protection regimes and the ability to use this knowledge for the critical assessment of protection overlaps;
2. ability to analyse specific problems arising from protection overlaps in intellectual property law and the ability to assess the pros and cons of different solutions at the level of protection requirements, scope of exclusive rights, exceptions and limitations and remedies;
3. knowledge and deeper understanding of relevant legislation and case law from a comparative perspective including US and EU law;
4. ability to develop and critically assess rights cumulation strategies from both a practical industry and an overarching public policy perspective; and
5. ability to develop alternative approaches to protection overlaps on the basis of a proper understanding of existing problems and the ability to critically assess the pros and cons of these alternative solutions.
What You'll Learn
In intellectual property law, overlaps of exclusive rights stemming from different protection regimes raise particular problems. Nonetheless, the cumulation of rights has become a standard protection strategy in sectors ranging from software to fashion and entertainment. Against this background, this course offers a detailed analysis of protection overlaps. Which combinations of rights are deemed permissible? Which specific problems arise from the cumulation of intellectual property rights? Using international, US and EU legislation and case law as reference points, these questions will be discussed. Moreover, the course will explore alternative avenues for better law and policy making.
Entry Requirements
A good Bachelor's or Juris Doctor degree in Law