Book contents
- Across Intellectual Property
- Cambridge Intellectual Property and Information Law
- Frontispiece
- Across Intellectual Property
- Copyright page
- Contents
- Notes on Contributors
- Introduction
- Part I Across Regimes
- 1 A Matter of Sense
- 2 Overlap and Redundancy in the Intellectual Property System
- 3 Rethinking the Relationship between Registered and Unregistered Trade Marks
- 4 Publication in the History of Patents and Copyright
- 5 Of Moral Rights and Legal Transplants
- Part II Across Jurisdictions
- Part III Across Disciplines
- Part IV Across Professions
- Laudatio
- Cambridge Intellectual Property and Information Law
2 - Overlap and Redundancy in the Intellectual Property System
Trade Mark Always Loses
from Part I - Across Regimes
Published online by Cambridge University Press: 27 March 2020
- Across Intellectual Property
- Cambridge Intellectual Property and Information Law
- Frontispiece
- Across Intellectual Property
- Copyright page
- Contents
- Notes on Contributors
- Introduction
- Part I Across Regimes
- 1 A Matter of Sense
- 2 Overlap and Redundancy in the Intellectual Property System
- 3 Rethinking the Relationship between Registered and Unregistered Trade Marks
- 4 Publication in the History of Patents and Copyright
- 5 Of Moral Rights and Legal Transplants
- Part II Across Jurisdictions
- Part III Across Disciplines
- Part IV Across Professions
- Laudatio
- Cambridge Intellectual Property and Information Law
Summary
The expansion in subject matter of copyright, design and trade marks has made cumulation of protection a more common occurrence, even if the problem has long been recognised as a challenge for intellectual property law. EU law has no consistent approach to overlapping subject matter. In some cases, cumulation is permitted (and perhaps even mandatory). In others, it is looked upon with disfavour. However, it is clear that when regimes clash and cumulation rejected, trade mark law appears the one most likely to be regarded as pre-empted. This chapter considers reasons why this might be so, and finds most possible reasons wanting. However, this analysis does offer some important insights into the nature and challenges of trade mark law in Europe.
- Type
- Chapter
- Information
- Across Intellectual PropertyEssays in Honour of Sam Ricketson, pp. 26 - 37Publisher: Cambridge University PressPrint publication year: 2020