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Now in their tenth year, European community designs were created to enhance harmonization in design protection across the Member States of the European Union (“EU”). The United States (“US”), in contrast, has only once expanded its protection for designs during that time, namely for vessel designs. Pushes have been made for further sui generis protection for Fashion law, but it is unclear why the US has not adopted a system similar to that of Europe, particularly taking into consideration the general uniformity between the two regions' systems in other intellectual property areas. This Note looks to answer that question by investigating the nature of US protection of industrial designs, while comparing it to the European system.
This title shows how designs can be protected using the entire intellectual property system. It covers the protection of artistic, industrial and functional designs and examines protection under EC legislation.
Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.
For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.
"The treatise covers fundamental principles of design law, setting forth the basic principles and noting where similar concepts exist in the different countries but use different terms; global design law, starting with an overview of the relevant international treatises, then country-specific chapters for China, the European Union, Japan, South Korea, the United Kingdom, and the United States, each of which follow the same outline to facilitate comparison between the chapters; and strategies and considerations for global design protection, focusing on prosecution/acquisition strategies for design rights on a global scale and discussing coordination of enforcement/litigation of design rights in multiple countries. Each country-specific chapter includes an example case study of the same article (a blender) to illustrate the differences between the drawing requirements, statistics about design filings (timing, number of filings), and litigation (number of cases, decision outcomes) among the countries covered"--
This book is a revised and updated edition of a major work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. As a comparative cross-jurisdictional analysis of the practice, theory, scope, and types of design protection, it will continue to be of immeasurable value to lawyers and others involved in industrial design. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic and freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The second edition is comprised of more than twenty country reports, each written by one or more prominent intellectual property lawyer(s) in the country covered. To facilitate cross-jurisdictional comparison, each report is structured according to the following sequence of topics: • new developments in each jurisdiction; • conventions and legislation; • definition of what constitutes a protectable design; • originality /novelty; • duration of protection; • infringement; • defences to infringement; • procedures for filing application for registration; and • expunging, cancelling, or varying registration. Prominent new developments covered in the second edition include the continuing impact of the European Community Design Directive, the adoption of the Hague Convention with corresponding major changes to US and Canadian design law and practice, the new German Design Law, and China's new Guidelines for examination. Each jurisdiction's currently applicable legislation, regulation, and case law is summarized and analysed.
Preface Annette Kur, Marianne Levin and Jens Schovsbo 1. The Design Approach Revisited: Background and Meaning Annette Kur and Marianne Levin 2. The Design Approach in a Design Historical Perspective Stina Theilmann-Lock 3. The Harmonising Decisions from Luxembourg Marianne Levin 4. Copyright protection for design creations Philipp Fabbio 5. 'Buy me because I'm cool': the 'marketing approach' and the overlap be-tween design, Trade mark and unfair competition law Ansgar Ohly 6. Design Protection for Products That are 'Dictated by Function' Graeme Dinwoodie and Jens Schovsbo 7. The Design Approach and Procedural Practice -- Mismatch or Smooth Transposition? Annette Kur 8. From Law in the Books to Enforcement in Court: Jurisdiction, Applicable Law, and Sanctions Annette Kur 9. Greeted with a Shrug: The Impact of the Community Design System on United States Law Stacy Dogan 10. Legal Protection of Industrial Designs in ChinaC YIN Qile and ZHANG Weijun) 11. Concluding Remarks and Perspectives Annette Kur, Marianne Levin and Jens Schovsbo) Index.
The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?
The two EU instruments that govern design law – the Community Design Regulation (CDR) of 2001 and the Design Directive of 1998 – are expertly annotated in this thorough article-by-article commentary. Written by distinguished practitioners from a range of European countries, the volume builds on the two editions of the design-related portions of the much-relied-upon Concise European Trade Mark and Design Law, with corresponding case law through the end of 2022. It is the best first-stop guide to practice in the field. The commentary provides detailed guidance, taking into account the case law of the EUIPO and its Boards of Appeal and of the General Court and the Court of Justice, on the practical application of such crucial building blocks of design law practice as the following: all issues of substantive design law, from definitions to novelty and individual character, ownership of design rights, limits of protection, to scope of protection and rights conferred; all proceedings before the EUIPO, from filing design applications to registration, actions for declaration of invalidity, and all provisions governing review of EUIPO decisions, by the EUIPO Boards of Appeal, by the EU’s General Court, and by the Court of Justice; and actions for the infringement of Community designs, with a focus on jurisdiction and applicable law. The book also contains a unique collection of EU and international legislation of relevance for design protection, found in no other reference book, including the Community Design Implementing and Fee Regulations, the Enforcement of IP Rights Directive, excerpts from the Rules of Procedure of the General Court, and relevant provisions from applicable international treaties, such as the TRIPS Agreement, the Paris Convention, the Geneva Act of the Hague Agreement, and the Locarno Agreement. This concise book on designs is a handy desktop companion and single reference tool for daily use by every practitioner in the EU and elsewhere who practises design law. It will be welcomed by IP lawyers, in-house counsel, and government officials involved with design policy and procedure.
Unrivalled in its pan-EU scope, this book provides a much-needed guide to the new law and practice in European designs. Written by a practitioner with extensive experience, no other text provides such practical and comprehensive coverage