Overlapping Intellectual Property Rights
In theory an important understanding of intellectual property rights is that each intellectual property entitlement has a subject matter of its own and exceptions thereof. For example, patent rights protect technological inventions while artistic creations are protectable under the copyright regime. Each intellectual property regime has its own purpose and the rights so created serve functions of that respective regime. Based on this starting point, there should not be overlapping intellectual property rights over the same subject matter, or in practical terms over the same product features. However, this understanding does not hold water. Overlapping intellectual property rights are part of the complex reality. And lately, this development has intensified due to expansion of protectable subject matter through the introduction of new rights and through the expanding scope of protection of existing rights. Finally, regimes such as investment treaty law and human rights may further expand or strengthen the rights of intellectual property owners. Consequently, more frequently there will be situations with overlapping rights or overlapping regimes of protection. We will discuss various forms of such overlaps and the potential consequences thereof.
Program
13.00 – 13.45 Overlapping Intellectual Property Rights over Software Features
Ulla-Maija Mylly, TIAS collegium postdoctoral researcher, University of Turku
13.45 – 14.30 Patent and Trade Secret Overlaps in Personalised Medicin
Professor Nari Lee, Hanken School of Economics
14.30 – 15.00 Coffee
15.00 – 15.45 Patents and Data Exclusivity in Pharma: a review of regulatory overlaps
Postdoctoral Researcher Dhanay Cadillo Chandler, University of Turku
15.45 – 16.00 Discussion
Arranging organization
IPR University Center