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JIPR Vol.17(4) [July 2012] >


Title: How IPRs, like Nature, Abhor a Vacuum, and What Can Happen When They Fill it - Lacunae and Overlaps in Intellectual Property
Authors: Cook, Trevor
Keywords: Intellectual property
IPR
Copyright
Design
Patent
Computer program
Pharmaceuticals
Confidential information
Regulatory data protection
Issue Date: Jul-2012
Publisher: NISCAIR-CSIR, India
Abstract: From time to time some activities which many believe are already or should be, protected by intellectual property, prove in fact not readily to be the subject of any particular IPR. In contrast a particular activity may sometimes be the subject of multiple overlapping IPRs. The former situation can produce responses such as attempts to stretch existing IPRs beyond what might be thought to be their natural limits, or suggestions for the introduction of new IPRs. The latter situation can involve attempts to draw boundaries as between IPRs to minimise overlap between them. This paper examines various examples of such situations, including those of computer programs and pharmaceuticals, and considers what one can learn from them.
Page(s): 296-304
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.17(4) [July 2012]

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