|The Westin Grand: a lot warmer in than out ...|
[published by OUP and noted by the IPKat here] provided much of the intellectual inspiration for this event, which took more than 250 conference calls to stitch together. Neil then reminded us that overlapping rights are so important that no professional practitioner can responsibly ignore them -- even though we are taught our IP rights one-by-one. Neil launched into a disquisition on Venn diagrams and their use which should surely qualify for further exploration in a future conference.
|This is what it's all about *|
|This one was litigated here|
Where does all this leave us? The consequences of overlap can be severe for traders and inconvenient for their professional representatives. We have reached the situation in the UK, for example, where a simple industrially manufactured object might be protected by UK registered and unregistered design rights, Community registered and unregistered design rights, copyright, trade mark registration and passing off. A trader who wants to import that object might easily be deterred from doing so by the difficulties in clearing all those rights, or might rashly go ahead and find himself infringing one or more right if he doesn't.
* Overlap, an explanation of Venn diagrams by Brian Cook, here