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  • 2 - Overlap and Redundancy in the Intellectual Property System

  • from Part I - Across Regimes
  • Edited by Graeme W. Austin, Victoria University of Wellington, Andrew F. Christie, Andrew T. Kenyon, Megan Richardson
  • Book:
    Across Intellectual Property
    Published online:
    27 March 2020
    Print publication:
    12 March 2020, pp 26-37

  • Summary

    The expansion in subject matter of copyright, design and trade marks has made cumulation of protection a more common occurrence, even if the problem has long been recognised as a challenge for intellectual property law. EU law has no consistent approach to overlapping subject matter. In some cases, cumulation is permitted (and perhaps even mandatory). In others, it is looked upon with disfavour. However, it is clear that when regimes clash and cumulation rejected, trade mark law appears the one most likely to be regarded as pre-empted. This chapter considers reasons why this might be so, and finds most possible reasons wanting. However, this analysis does offer some important insights into the nature and challenges of trade mark law in Europe.