Community trademarks and designs: a confluence of protection
IP law has evolved from recognizing a single monopoly right (the patent)
to distinguishing between patents, copyright, trademark and design. The idea
of divergent IP rights for different types of creation is still valid, but it
has been eroded by the fact that, as each type of IP right expands, it overlaps
more with other rights. As a result, the same shape, product or design can be
protected by two or even three different rights. The overlap of Community trademarks
and Community design rights is a case in point.
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