The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.

Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.

This guide shows how to identify a company's protectable assets, initiate steps to protect those assets, and use them to generate additional income. Specific chapters cover selection, application, maintenance, and infringement for trademarks, copyright, and patents. Other topics include trade secrets, unfair competition, employee work products, internal processes, and the Internet. The book also contains model forms and documents, including trademark license agreements, application forms for trademarks, copyrights, and patents, sample noncomplete clauses, and intellectual asset audit forms. Bouchoux is an attorney specializing in intellectual property law. c. Book News Inc.

A text and resource for paralegals working in the area of copyright, trademark, trade secret, and patent law. This edition incorporates statutory and case-law changes over the past six years, and adds new material on international intellectual property law and Internet law. Introduces readers to the origins of copyright law, the extent of trademark rights, and what is patentable. Offers step-by-step information for using and registering various forms required in intellectual property law, including trademark and copyright application as well as supporting documentation such as assignments and declarations. Includes a glossary, and appendices of forms. Author information is not given. Annotation copyrighted by Book News Inc., Portland, OR

A plain-English guide to intellectual property law Whether you are in the world of business or creative arts, understanding the laws that govern your work is critical to success. But given the convoluted terminology that surrounds patents, copyrights, trademarks, and other intellectual property rights, this isn’t easy. Enter Patent, Copyright & Trademark, which explains: what legal rights apply to your creations, products, or inventions different types of patents for inventions from machines to plant clones the scope of copyright protection how trademark law works, and what trade secret law protects. Here, you’ll find readily understandable definitions of intellectual property law terms, straightforward explanations of how intellectual property law affects online content, and much more. The 17th edition is completely updated to provide the latest laws (including the Trademark Modernization Act of 2020), court decisions, sample applications, and other forms.

· Detailed information about Patents, copyright, trademark in simple to understand format. · Accurate use of pictures, figures and process flow charts to clear the concepts. · All the technical and legal information regarding Patent and copyright process filing process. · Systematic stepwise guide of 17 steps to become successful scientists. · Special Interviews of researchers and legal experts, including their precious guidance. Topics : 1 Knowledge is property: Intellectual property 2 Patents, Copyright, Trademark 3 Copyright Protection: Artist’s Rights 4 Types of Copyright 5 Copyright Laws and Regulations 6 Importance of Trademark : Face of business 7 Geographical Identification 8 Research Privacy: Trade Secret 9 Patents: Protection and conservation of Knowledge 10 Internals of Patents 11 Examples of Patents 12 Industrial Design Protection 13 File your own patent 14 Patent filing process 15 Patent laws and regulations 16 Classifications of Intellectual property 17 Guide to become scientist 18 Expert’s Advice 19 Fact To review 20 Tips 21 Purpose of Intellectual property protection 22 World Intellectual Property Organization 23 Important Links 24 Reference 25 US and Indian Government forms and fee 26 Patent for Reference