The function of technical functionality and the protection of shapes

Speaker(s):

Tobias Endrich, Doctoral student, LMU Munich and MPI Munich

Series:

Intellectual Property Law Discussion Group (IPDG)

Associated with:

Oxford Intellectual Property Research Centre Intellectual Property Discussion Group
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Technical functionality is often described as a channelling mechanism, a doctrine common to all non-technical IP regimes that prevents harmful overlaps (“backdoor patents”). This concept is based on systematic/dogmatic and economic presumptions about the interfaces of IP regimes. This presentation explains some of the most prominent arguments and tries to  challenge their validity, making a case against their utility for the interpretation of exclusionary provisions relating to technical functions.

 

A light lunch will be provided. All are welcome.