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The Study on the Legal Issues of the Overlapping Protection of Intellectual Property Rights

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2019, (27), pp.113-134
  • DOI : 10.31839/ibt.2019.10.27.113
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : September 23, 2019
  • Accepted : October 10, 2019
  • Published : October 31, 2019

GAO JINJUN 1 WANG, YANG 2

1山东清泰律师事务所
2중국동경공상대학교(中国重庆工商大学 讲师)

Accredited

ABSTRACT

Under intellectual property rights government by law environment, each benefit main body, including intellectual property rights person, knowledge product user and disseminator all are authorized to seek and to obtain maximized the benefit, protect own right benefit to free from aggression or the hindrance. Commercialization highly along with the development of science and technology, the scope of intellectual property protection continues to expand. The same intellectual product often becomes the object of multiple intellectual property rights. The overlapping protection of copyright and trademark rights, copyright and design patent rights, trademark rights and design patent rights, intellectual property rights and anti-unfair competition have become increasingly prominent. One infringement violates two or more types at the same time. This paper combines theoretical analysis and practical cases, On the basis of distinguishing the concept of overlapping protection of intellectual property rights and similar legal concepts, it summarizes several important legal issues in the field of overlapping protection of intellectual property rights, and the main situation of overlapping claims. The legal issues about the main situation of overlapping claims, the independence of claims, and the compensation for damages were sorted out. Through this paper, the legal issues and practical operations of the overlapping protection of intellectual property rights are clear and lay the foundation for further exploration and research.

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