Copyright / Trademark Interface

"By drawing attention to how overlapping copyright and trademark protection imperils the proper functioning of intellectual property rights in the literary and artistic domain, the author delves into whether the intellectual property system can mitigate the risks arising from cumulative protection. The issues and topics explored in depth are: The different configuration of intellectual property rights following different policy objectives and societal functions, in particular, the cultural imperative in copyright law and the market transparency imperative in trademark law. Problems arising from the registration of cultural icons for use on souvenir and merchandising articles. Lack of sufficient safeguards in trademark law against cultural heritage branding. Current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity. Possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection. Development of a strict gatekeeper requirement of 'use as a mark' to prevent unjustified trademark infringement claims. Development of robust, culturally based defences against trademark infringement claims. General guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps"--Publisher's website.