The Moving Boundaries of IP Rights and How they Affect the Protection Strategies of Intangible Assets: Are all designs covered by copyright? Can all works protected under copyright be registered as trademarks? Do all IP rights fit all the purposes?

The working session will consider the ongoing trend to accumulate the protection of different intellectual property rights on the same work. Following the Cofemel and Brompton decisions and the recent EUIPO apparently contradictory decisions on the registration of Bansky works as figurative trademarks, we will explore how national courts are applying cumulative protection requests and how different industry sectors follow different strategies, with special emphasis on fashion, food and entertainment.