To send content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about sending content to .
To send content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about sending to your Kindle.
Note you can select to send to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The nature and content of intellectual property law, which is heavily contingent on the state of technology and on social and market developments, have always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of intellectual property (IP) to achieve its stated goals and to provide the necessary climate for investment in creativity, innovation and brand differentiation. The first half of this book explored those questions, as discussed more fully below in section 42.2.
The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.
In recent years, as well explained by Annette Kur,1 an assessment of the function of trademarks has become a direct doctrinal mechanism used by courts in the European Union to determine the scope of trademark protection in a number of contexts. In the United States, no equivalent doctrinal mechanism has developed, at least not in those precise terms; US courts do not speak the language of “functions” as the Court of Justice has now done for two decades. However, features of US trademark law have clearly been shaped with a similar awareness of the importance of the functions of marks. In particular, US courts have for over a century referenced the core function of a trademark to identify the source or origin of the product on which it is affixed. And litigants and scholars seeking to expand the scope of protection have sought to emphasize that marks do much more than identify source, often tendering explanations that hint at the advertising and investment functions of marks (without using those terms).
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.