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Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid foundation on the law regarding the protection and enforcement of design rights, focuses on the ever-present, and always contentious, issue of functionality in the context of design rights. While there is considerable harmonization on the fundamental principle that design rights regard aesthetic appearance and not underlying technical function, courts and legislatures the world over have long struggled with determining whether to permit, and how to interpret the scope of, designs rights directed at products whose appearancemay, partially or completely, be the result of functional consideration. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of functionality in key jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. The authors of the country chapters have been carefully selected based on their extensive experience and in-depth knowledge about design protection in their respective jurisdictions. Each chapter considers such issues and topics as the following: • availability of protection – granting authority, statutory requirements, drawing requirements, and disclaimers; • tests or approaches applied to determine whether a design right is ineligiblefor protection based on functionality grounds, including related policy considerations; • strategies employed to mount, and fend off, challenges to design rights based on functionality; • determination of a design right’s scope of protection, including the impact of any visual elements of the overall design having appearances that are non-novel and/or functional; • tests or approaches applied to determine whether a visual element of a design right is excluded from the overall scope of protection based on functionality grounds, including related policy considerations; • examples of how visual elements of a design right whose appearance is driven by function are treated in infringement and validity contexts. Each chapter includes case law examples, hypothetical fact patterns, and graphic images of designs to bring issues to life. An introductory chapter covers the basic tenets of design rights, terminology, and discussion of design rights in relation to other areas of intellectual property. As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book proves to be of tremendous practical interest for the industry involved and for the public. Applicants for design protection, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a matchless and thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
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 creation and the freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The third edition is comprised of twenty-five 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 third edition include new chapters from South Korea, Russia and Turkey as well as continuing coverage of the impact of the European Community Design Directive, the adoption of the Hague Agreement with corresponding major changes to US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.
Infringement litigation can be disruptive and expensive, the paper Patents, Trade Marks and Design Rights: Groundless Threats: A Consultation Paper examines the law regarding false accusations of patent, trade mark or design right infringement, the mere threat of which may cause significant commercial damage to a business. The existing law provides protection to businesses if an infringement threat is groundless. The groundless threat provisions were introduced in the nineteenth century to resolve disputes about steam engines. The Commission believes that they need to be adapted to the new global battles over information technology and is consulting on how they can be brought up to date. The Commission is consulting on two approaches to reform: (i) to build on the reforms made to patent law in 2004 and to extend these to the other rights, also proposing that legal advisers should be protected from liability for groundless threats; and
An easy-to-understand guide for designers on the legal topics that deeply affect their everyday professional activities, Become a Successful Designer provides designers with ways to protect and handle their intellectual property rights. Focus groups are all kinds of designers of the product, furniture, interior, fashion, textile, communications, graphics, and computational design areas. The authors Joachim Kobuss, Alexander Bretz and Arian Hassani explain the legal framework and the possibilities to act in that field from a completely new point of view. The law and its effects on the individual designer are described in the context of designers’ everyday practice. Here, the legal aspects of design do not appear in incomprehensible legalese but are rather shown as a strategic instrument for designers which can be fun to handle. All topics are discussed from an international and general viewpoint – due to the increasing globalization in the design fields.
An exploration of how design might be led by marginalized communities, dismantle structural inequality, and advance collective liberation and ecological survival. What is the relationship between design, power, and social justice? “Design justice” is an approach to design that is led by marginalized communities and that aims expilcitly to challenge, rather than reproduce, structural inequalities. It has emerged from a growing community of designers in various fields who work closely with social movements and community-based organizations around the world. This book explores the theory and practice of design justice, demonstrates how universalist design principles and practices erase certain groups of people—specifically, those who are intersectionally disadvantaged or multiply burdened under the matrix of domination (white supremacist heteropatriarchy, ableism, capitalism, and settler colonialism)—and invites readers to “build a better world, a world where many worlds fit; linked worlds of collective liberation and ecological sustainability.” Along the way, the book documents a multitude of real-world community-led design practices, each grounded in a particular social movement. Design Justice goes beyond recent calls for design for good, user-centered design, and employment diversity in the technology and design professions; it connects design to larger struggles for collective liberation and ecological survival.
Filling a new need in engineering education, Getting Design Right: A Systems Approach integrates aspects from both design and systems engineering to provide a solid understanding of the fundamental principles and best practices in these areas. Through examples, it encourages students to create an initial product design and project plan.Classroom-te
Including a copy of the act, the culmination of 15 years of consideration of reforms to the law of copyright, this book provides a legal framework for the advances in technology in recent years and aims to explain the detail of the act as well as describe the existing law which underpins it.
The development of a global 'knowledge economy' has encouraged organizations of all types to focus on the opportunities for, and the threats to, the intellectual property that they hold. The variety of intellectual assets (designs, databases, patents, brands and trade marks), the growth of new technology capable of exploiting and protecting these assets, and the nature of the law mean that intellectual property enforcement is a hugely complex area. Jane Lambert's Enforcing Intellectual Property Rights explains the threats and the remedies (criminal and civil, as well as alternatives to litigation), and provides a readable guide to the processes and the systems available. This is a must-have guide for all managers responsible for acquiring, managing and protecting intellectual assets and for students working in the area.
In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
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.