The cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rights
In this paper, the author first explores the terminology and systematics in the field of cumulation of intellectual property rights, in an attempt to determine the meaning of certain terms and harmonize the terminology in this field, and then analyzes the reasons for the existence of overlapping ter...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Niš
2024-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403131M.pdf |
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| _version_ | 1832096594029182976 |
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| author | Milosavljević Nikola |
| author_facet | Milosavljević Nikola |
| author_sort | Milosavljević Nikola |
| collection | DOAJ |
| description | In this paper, the author first explores the terminology and systematics in the field of cumulation of intellectual property rights, in an attempt to determine the meaning of certain terms and harmonize the terminology in this field, and then analyzes the reasons for the existence of overlapping terms and their permissibility. The conclusions drawn in this part are further used in the analysis of the relationship between the patent and industrial design rights. To this effect, the author first examines the similarities between these rights, by taking into account all overlapping aspects. Then, the author provides a detailed analysis of the differences between patent and industrial design rights. The general considerations and the provided analyses of similarities and differences have been used for further research on the possible overlapping between patent and industrial design rights. Based on the conducted research, the author concludes that there are insufficient arguments for a general prohibition of all these cumulations; thus, overlaps in each of these areas have to be regulated separately. Yet, in terms of the cumulation of patent and industrial design rights, the author has established that this overlap is relatively difficult to attain. Therefore, it currently does not pose an excessive risk for competition, but it does not exclude such a possibility in the future. |
| format | Article |
| id | doaj-art-79e29f8ed95342fdaf98b56d038a7dc1 |
| institution | Kabale University |
| issn | 0350-8501 2560-3116 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Faculty of Law, Niš |
| record_format | Article |
| series | Zbornik Radova Pravnog Fakulteta u Nišu |
| spelling | doaj-art-79e29f8ed95342fdaf98b56d038a7dc12025-02-05T13:31:11ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162024-01-016310313114810.5937/zrpfn1-509370350-85012403131MThe cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rightsMilosavljević Nikola0https://orcid.org/0000-0003-0208-2807Univerzitet u Kragujevcu, Pravni fakultet, Kragujevac, SerbiaIn this paper, the author first explores the terminology and systematics in the field of cumulation of intellectual property rights, in an attempt to determine the meaning of certain terms and harmonize the terminology in this field, and then analyzes the reasons for the existence of overlapping terms and their permissibility. The conclusions drawn in this part are further used in the analysis of the relationship between the patent and industrial design rights. To this effect, the author first examines the similarities between these rights, by taking into account all overlapping aspects. Then, the author provides a detailed analysis of the differences between patent and industrial design rights. The general considerations and the provided analyses of similarities and differences have been used for further research on the possible overlapping between patent and industrial design rights. Based on the conducted research, the author concludes that there are insufficient arguments for a general prohibition of all these cumulations; thus, overlaps in each of these areas have to be regulated separately. Yet, in terms of the cumulation of patent and industrial design rights, the author has established that this overlap is relatively difficult to attain. Therefore, it currently does not pose an excessive risk for competition, but it does not exclude such a possibility in the future.https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403131M.pdfcummulation (overlap)concurrenceconvergenceoverlapping patent and industrial design rightssimilarities and differences between patent and industrial design rights |
| spellingShingle | Milosavljević Nikola The cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rights Zbornik Radova Pravnog Fakulteta u Nišu cummulation (overlap) concurrence convergence overlapping patent and industrial design rights similarities and differences between patent and industrial design rights |
| title | The cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rights |
| title_full | The cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rights |
| title_fullStr | The cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rights |
| title_full_unstemmed | The cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rights |
| title_short | The cumulation of intellectual property rights, with specific reference to the cumulation of patent and design rights |
| title_sort | cumulation of intellectual property rights with specific reference to the cumulation of patent and design rights |
| topic | cummulation (overlap) concurrence convergence overlapping patent and industrial design rights similarities and differences between patent and industrial design rights |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2024/0350-85012403131M.pdf |
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