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
rights.
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.
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