Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- 25 Intellectual Property in Transition: The Several Sides of Overlapping Copyright and Trademark Protection
- 26 Cultural Heritage and the Public Domain: What the US’s Myriad and Mayo can Teach Oslo’s Angry Boy
- 27 Public Order in the Light of Aesthetic Theory: The Copyright/Trademark Interface after Vigeland
- 28 Separability as Channeling: A Cautionary Tale
- 29 Novelty, Idea or New Meaning as Criteria for Copyright Protection? Transitions in Swedish Design Law
- 30 Examining Functionality
- 31 Substantial Value and the Concept of Shapes
- 32 Copyright and Patents on Software: The UPC’s Answer to an Old Problem of Intellectual Property Overlaps
- 33 Chopping off Hydra’s Heads: Spare Parts in EU Design and Trade Mark Law
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
30 - Examining Functionality
from B - IP Overlaps
Published online by Cambridge University Press: 29 December 2020
Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- 25 Intellectual Property in Transition: The Several Sides of Overlapping Copyright and Trademark Protection
- 26 Cultural Heritage and the Public Domain: What the US’s Myriad and Mayo can Teach Oslo’s Angry Boy
- 27 Public Order in the Light of Aesthetic Theory: The Copyright/Trademark Interface after Vigeland
- 28 Separability as Channeling: A Cautionary Tale
- 29 Novelty, Idea or New Meaning as Criteria for Copyright Protection? Transitions in Swedish Design Law
- 30 Examining Functionality
- 31 Substantial Value and the Concept of Shapes
- 32 Copyright and Patents on Software: The UPC’s Answer to an Old Problem of Intellectual Property Overlaps
- 33 Chopping off Hydra’s Heads: Spare Parts in EU Design and Trade Mark Law
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
United States design law – that is, the collocation of design patent law and design-related aspects of copyright and trademark law – seems to be moving ever further from a state of reasonable equilibrium. Functionality doctrines exist at the very hub of this upheaval,2 and the task of improving coherence among these doctrines, internally and trans-substantively, has become critical.3
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 364 - 372Publisher: Cambridge University PressPrint publication year: 2021