overlap and conflict in intellectual property
These verious form can be used to protect different aspects of the same products. As a simple example, a drug may have a patent on the actual drug molecule, but a later developed slow release formulation may be kept a trade secret. The brand name is protected by trademark and the advertisements by copyright. A unique pill shape may even be protected by design patent.
In my opinion, if an applicant choose some forms of intellectual property to protect diffrent aspects of the same product, it is no problem. But if there are some applicants, each of them fill to one form of intellectual property for one aspect of the same product. Is there any conflict in the intellectual property right? Can you explain for me. Thank you very much!
Re: overlap and conflict in intellectual property
It’s a good question. The answer is: No, there are not any conflict in the intellectual property right. For the same product, there may be different IP right holders in relation to that IP aspect he/she made the contribution into its creation. The inventors and/or their assignors may be the holder of the patent right over that new drug and/or the manufacturing process thereof. The degisners who create an unique shape for that kind of drug may be different from the inventors have the right to file an application for Design Patent unless such right belongs to their employers or contractors. The independent IPR over different aspect of IP for the same product may be owned by different IPR owners and it does not cause any conflict in IPR exploitation.
Re: overlap and conflict in intellectual property
It’s a good question. The answer is: No, there are not any conflict in the intellectual property right. For the same product, there may be different IP right holders in relation to that IP aspect he/she made the contribution into its creation. The inventors and/or their assignors may be the holder of the patent right over that new drug and/or the manufacturing process thereof. The degisners who create an unique shape for that kind of drug may be different from the inventors have the right to file an application for Design Patent unless such right belongs to their employers or contractors. The independent IPR over different aspect of IP for the same product may be owned by different IPR owners and it does not cause any conflict in IPR exploitation.
