This dissertation was written as part of the MA in Art Law and Arts Management at the
International Hellenic University.
In this paper, we aim to untangle the phenomenon of overlapping Intellectual Property
rights by examining two specific interfaces, that of Design Law with Copyright and Trademark
Law with Copyright.
On the first part, we will focus mostly on the theoretical structure of overlapping rights,
identifying their various types and forms, as well as, the possible problems they can pose to the
balance of the IP system. On the second and main part of the paper, we will try to analyze in detail
the two cases of overlap by underlining the key differences of those regimes along with the most
important problems caused by the clashes between them, we will explain the legislative attempts
to regulate those interfaces, and we will examine the approach of CJEU to solve the complications.
After this thorough study, we will conclude with an assessment of the general nature and extend
of this phenomenon.
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