How IPRs, like Nature, Abhor a Vacuum, and What Can Happen When They Fill it - Lacunae and Overlaps in Intellectual Property

Abstract

<span style="font-size:11.0pt;mso-bidi-font-size: 9.0pt;font-family:" times="" new="" roman";mso-fareast-font-family:"times="" roman";="" letter-spacing:-.1pt;mso-ansi-language:en-gb;mso-fareast-language:en-us;="" mso-bidi-language:ar-sa"="" lang="EN-GB">From time to time some activities which many believe are already or should be, protected by intellectual property, prove in fact not readily to be the subject of any particular IPR. In contrast a particular activity may sometimes be the subject of multiple overlapping IPRs. The former situation can produce responses such as attempts to stretch existing IPRs beyond what might be thought to be their natural limits, or suggestions for the introduction of new IPRs. The latter situation can involve attempts to draw boundaries as between IPRs to minimise overlap between them. This paper examines various examples of such situations, including those of computer programs and pharmaceuticals, and considers what one can learn from them.</span>