Intellectual Property Overlaps

Theory, Strategies, and Solutions

By Robert Tomkowicz

© 2012 – Routledge

248 pages

Purchasing Options:
Paperback: 9780415859554
pub: 2013-04-15
US Dollars$54.95
Hardback: 9780415668163
pub: 2011-09-12
US Dollars$150.00

About the Book

Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet.

The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property


This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.

Table of Contents

1. Theory of Overlaps 2. Patent Law 3. Trademark Law 4. Copyright Law 5. Solutions

About the Author

Robert Tomkowicz is a barrister and solicitor practicing intellectual property and information technology law. He is a member of the Law Society of British Columbia and the New York State Bar.

About the Series

Routledge Research in Intellectual Property

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
BUSINESS & ECONOMICS / Entrepreneurship
LAW / General
LAW / Business & Financial
LAW / Commercial / General
LAW / Intellectual Property / General
LAW / Intellectual Property / Copyright
LAW / Intellectual Property / Patent
LAW / Intellectual Property / Trademark