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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.
This is a print on demand edition of a hard to find publication. Under current intellectual property laws, industrial designs (ID) may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Actestablished a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect ID. Contents of this report: (1) ID and Intellectual Property: Copyright; Trade Dress; Design Patents; Vessel Hull Design Protection; (2) Current Issues in ID Protection: Intellectual Property Rights in Fashion Designs; U.S. Adherence to the Hague Convention; Auto Spare Parts; Judicial Developments Concerning ID Patents; (3) Issues in Innovation and Competition.
Industry in the United States of America has shown an increased interest in industrial design protection. This conclusion is based on several recent developments, including significant court decisions and an increased number of design patent applications received by the Patent and Trademark Office (PTO). Another important fact is the renewed effort to improve industrial design protection, by adding an additional form of industrial designs intellectual property law. The basic intellectual property law (hereinafter all reference to the law will be U.S.A. law unless otherwise indicated) available now for industrial design protection is the design patent, but there has been significant use of trademark law and some copyright law for certain designs. The consensus in the legal community and many industries is that a better way is needed to protect industrial designs. Generally, the present systems take too long to obtain protection. These rights are difficult to enforce in court and, usually, it is not clear what industrial design features are protected.
The copyright/design interface for a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.
The 1988 Copyright, Designs and Patents Act attempted to clarify the legal issues concerning the amount of protection that should be afforded to industrial design.
This publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU. This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US. Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.

Industrial Design Protection

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice

Published: 1991

Total Pages: 1250


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This book is a primer for designers and attorneys who represent them for protecting product designs from copying by competitors. Particularly for consumer products, designers spend a great effort into making otherwise purely functional items into works of art one enjoys having displayed in their kitchen, bathroom, office, shop, and elsewhere. Yet unscrupulous competitors can copy or mimic the designs often with impunity. To the extent designers have attempted to protect the design through some form, the effort often falls short. Product designers, sometimes referred to as industrial designers, typically are not aware of the plethora of alternatives available to them and which of these offer the best avenue of protection for the lowest cost. Often the lawyers who represent them are so focused on one particular approach, while other alternatives are overlooked. This book brings to light the various modes of protection for designers with detailed analysis of each from a realaEUR"world perspective. The three major modes of intellectual property rights for designers are design patents, trademarks or trade dress, and copyright. Each of these has its own special characteristics that make it a good or bad choice depending on the nature of the design and the willingness of the designer to bear the costs and effort in securing the rights. Some rights may be obtained relatively easily but extremely difficult to enforce. Others may require additional effort and cost up front but will bear more fruit when asserted against an infringer. The book breaks down each IP right into the ease of obtaining the right, remedies associated with each, and the challenges in enforcing them. For attorneys, the book combines in one place the advantages and disadvantages of each mode of protection with discussion of relevant case law and statutes. Most attorneys have expertise in at least one of the three major modes of protection but not all three. This material will enable attorneys to better appreciate other areas of specialty in advising clients. Similarly, the designer will be able to assess the individual attorney's expertise and, if necessary, bring together a multiaEUR"disciplined approach to protect a unique product design.
This is the second in a series of guides on "Intellectual Property for Business". It focuses on industrial designs, a key factor in determining the success of products in the market.