Ownership problems of overlaps in European intellectual property /

Ownership problems of overlaps in European intellectual property / / Nuno de Araujo Sousa e Silva.

Intellectual Property rights are expanding and, thus, overlapping more than ever before. This poses challenges to a system devised as comprising a set of isolated compartments, each with its defined purpose.

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Bibliographic Details
Superior document:MIPLC Studies ; Volume 8
VerfasserIn:
Silva, Nuno de Araújo Sousa e,
Place / Publishing House:Baden-Baden, [Germany] : : Nomos,, 2014.
©2014
Year of Publication:2014
Language:English
Series:MIPLC studies ; Volume 8.
Physical Description:1 online resource (117 p.)
Notes:
  • Description based upon print version of record.
  • "This small book is the result of a master thesis written between July and early September 2013, minor corrections and updates having been made"--Page 7.
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Table of Contents:
  • I The legal framework of ownership and overlaps
  • A. Introduction: the problem
  • 1. The phenomenon of overlaps
  • 2. Why are split ownerships a problem?
  • 3. Methodology
  • 4. Sequence
  • B. The ownership of copyright
  • 1. Author's rights vs. copyright
  • 2. Special cases of ownership
  • a) Employee's creations
  • 1. Work for hire
  • 2. Presumed assignment or licence
  • b) Several authors
  • 1. Joint Works
  • 2. Connected works
  • 3. Collective works
  • 4. Copyright in cinematographic works
  • II Cases of ownership problems of overlaps
  • A. The case of trade marks & designs
  • Prior design
  • Prior trade mark
  • B. The case of trade marks & copyright
  • C. The case of registered designs & copyright
  • D. The case of databases: sui generis right & copyright
  • E. The case of software and computer implemented inventions
  • III Possible solutions to the problem
  • A. The extent of the problem
  • B. A general solution?
  • 1. Avoiding the problem
  • a) Avoiding overlaps?
  • b) Avoiding differences in ownership?
  • 2. Prevalence
  • 3. Contractual or quasi-contractual solutions
  • a) Implied licence
  • b) Abuse of rights
  • 4. Expanding copyright-internal solutions by analogy
  • a) On Analogy
  • b) Connected works
  • c) Joint works
  • IV Conclusion
  • Annex
  • Annex I: The interface of designs and copyright under Russian law
  • Annex II: Selected Legislative Provisions
  • UK Copyright, Designs and Patents Act 1988
  • The Copyright (Industrial Process and Excluded Articles) (No. 2) Order 1989
  • Ireland Copyright and Related Rights Act, 2000
  • Austrian Copyright Act
  • German Copyright Act
  • French Intellectual Property Code
  • Italian Copyright Act
  • Portuguese Copyright Act
  • Greek Copyright Act
  • Dutch Copyright Act
  • First Proposal for a Council Directive on the legal protection of databases COM (92) 24 final, 13 May 1992
  • European Copyright Code
  • Bibliography
  • Books
  • Articles and Contributions to edited books
  • Research papers.
  • Official documents and other materials
  • Cases.

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