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The Relationship between Copyright and Patent Protection in European Union Law

Ledendal, Jonas LU (2015) In Transitions in European Patent Law p.231-251
Abstract
The purpose of this book chapter is to investigate to what extent technical function can be protected under European Union (EU) copyright law. Technical function has been explicitly excluded under other regimes of protection in the Union, for example, trademark and design protection law, to avoid overlap (also known as cumulation) between these regimes and patent law. No such statutory provisions have been enacted under EU copyright law, but like under trademark law and design protection the object of protection in copyright law could potentially overlap with patent law. This chapter therefore begins by investigating whether the concept of technical exclusion is a unified concept in EU law and if so, to what extent copyright law fits into... (More)
The purpose of this book chapter is to investigate to what extent technical function can be protected under European Union (EU) copyright law. Technical function has been explicitly excluded under other regimes of protection in the Union, for example, trademark and design protection law, to avoid overlap (also known as cumulation) between these regimes and patent law. No such statutory provisions have been enacted under EU copyright law, but like under trademark law and design protection the object of protection in copyright law could potentially overlap with patent law. This chapter therefore begins by investigating whether the concept of technical exclusion is a unified concept in EU law and if so, to what extent copyright law fits into that mould. The aim is not to do a comprehensive investigation of the relationship between patent law and other regimes of industrial property, but rather to present the main characteristics of technical exclusion under protection of industrial property. Hence, the study only covers trademark law and design protection law, but omits trade secret law, unfair competition law and sui generis regimes. (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
patent law, European Union (EU), copyright law
in
Transitions in European Patent Law
editor
Ballardini, Rosa Maria; Norrgard, Marcus; Bruun, Niklas; ; and
pages
20 pages
publisher
Wolters Kluwer
ISBN
978-90-411-5605-1
language
English
LU publication?
yes
id
25507c2b-7a40-4ef9-83d5-e77cf5ff718c
date added to LUP
2016-09-02 14:29:11
date last changed
2016-09-05 12:45:07
@inbook{25507c2b-7a40-4ef9-83d5-e77cf5ff718c,
  abstract     = {The purpose of this book chapter is to investigate to what extent technical function can be protected under European Union (EU) copyright law. Technical function has been explicitly excluded under other regimes of protection in the Union, for example, trademark and design protection law, to avoid overlap (also known as cumulation) between these regimes and patent law. No such statutory provisions have been enacted under EU copyright law, but like under trademark law and design protection the object of protection in copyright law could potentially overlap with patent law. This chapter therefore begins by investigating whether the concept of technical exclusion is a unified concept in EU law and if so, to what extent copyright law fits into that mould. The aim is not to do a comprehensive investigation of the relationship between patent law and other regimes of industrial property, but rather to present the main characteristics of technical exclusion under protection of industrial property. Hence, the study only covers trademark law and design protection law, but omits trade secret law, unfair competition law and sui generis regimes.},
  author       = {Ledendal, Jonas},
  editor       = {Ballardini, Rosa Maria and Norrgard, Marcus and Bruun, Niklas},
  isbn         = {978-90-411-5605-1},
  keyword      = {patent law,European Union (EU),copyright law},
  language     = {eng},
  pages        = {231--251},
  publisher    = {Wolters Kluwer},
  series       = {Transitions in European Patent Law},
  title        = {The Relationship between Copyright and Patent Protection in European Union Law},
  year         = {2015},
}