Legal Question in Intellectual Property in New York

Re: overlap and conflict in intellectual property

My response deals with US law only.

It IS a good question. Intellectual property rights CAN actually conflict with each other. For example, you cannot extend patent protection through trademark protection (there's a US Supreme Court case that tells us that). Copyright protection and patent protection overlap in the case of computer software: again, the rights holder must take his or her pick as to which to put in place.

By and large, though, invention is protected by patent, works of authorship by copyright, and business goodwill by trademark. Trade secret also protects invention and business goodwill (and can inhibit the owner's right to get a patent on the invention kept secret), but works with patent in very interesting ways.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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.