The perm solves --- no overlapping DA

(J.D. expected May 2010, Michigan State University College of Law, specializing in Intellectual Property Law; B.S. 2007, Michigan State University College of Engineering, “From Germany To Australia: Opportunity For A Second Tier Patent System In The United States,” pg online @ https://heinonline.org/HOL/Page?handle=hein.journals/mistjintl18&div=16&g_sent=1&casa_token=&collection=journals //pa-ef)

E. Alternatives to a U.S. Utility Model System Another argument against implementing a second tier system is that unlike some of the countries analyzed, the United States has other intellectual property protection laws that may overlap with some of the situations in which a second tier patent would be used. Such laws include the unfair competition laws in the United States, which discourage confusingly similar commodities in the consumer marketplace. Another related system is the design patent system, which may be able to offer some protection to inventions that are covered by second tier patents. This does not seem like a persuasive objection, however, because design patents overlap with utility patents in an identical manner and this has not caused problems. The trade dress laws also overlap by offering a means to protect consumers from confusingly similar product packaging and external appearance. Overall, these systems do not offer the same benefits as a second tier patent and therefore should not hold back the implementation of a second tier patent system.