Cumulation of intellectual property rights: a brief analysis of the factors that have contributed to its evolution

Abstract

This article analyzes the evolution of the intellectual property overlapping rights phenomenon in recent decades. Particularly, it intends to identify which factors and motivations have contributed to the expansion of overlapping cases, above all those whose effects prove deleterious to the intellectual property system. It also investigates how the process which results in intellectual property rights overlaps happens. Finally, it examines the discussions regarding the treatment (banishment, specific prohibitions, harmonization) to be adopted for intellectual property overlapping cases, especially those with deleterious effects on the system. It is thus expected to provide further elements for a better understanding of the matter and, in this way, to assist future studies seeking solutions to prevent or harmonize such phenomenon when dysfunctional.