Overlapping Intellectual Property Rights (in the Case of Trademarks, Design and Copyright)

This master dissertation deals with the analysis of a phenomenon of the intellectual property rights system which is the situation when two or more regimes are applicable to protect an IP which is suggested to be called as overlapping protection. This analysis has been carried out as in the case of copyright, designs and trademarks being the top requested by business IP protection regimes. The subject matter of these regimes is described in the way that allows broad possibilities for IP protection overlap. The survey objective is indication of advantages of the use by the IP rights owners of the IP protection overlaps between copyright, designs and trademarks in order to make protection of their IPs more efficient and determination of the limits in which such use of IP overlaps should be allowed. As a result of this survey the author concludes that overlapping protection provides the IP rights owners with the instruments for additional protection of their IPs as well as allows to enter the market more easily and strengthen their market positions. Certain practical cases were used so as to demonstrate the particular ways in which overlapping protection instruments may be applied by a company owning IPs. However, it should be stated that overlapping protection may have adverse effects. The most obvious ones are caused to competitors, retailers and consumers. Moreover, overlapping protection bares certain danger for the commerce and science, creation and knowledge spheres. In this respect, the author provides arguments in favor of applying ex post judicial control over overlapping protection in terms of which it would be possible to deal with particular cases of overlapping protection and to test its application form the position of balance of interests of the IP owners and other parties. The author has worked out two groups of criteria to be used as guidelines for the courts that could settle the limits in which such use of IP overlaps should be allowed.