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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 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.

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: 1244


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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.

Design Protection

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights

Published: 1965

Total Pages: 82


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Considers S. 1237, to establish copyright-like protection for original ornamental designs.
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 1988 Copyright, Designs and Patents Act attempted to clarify the legal issues concerning the amount of protection that should be afforded to industrial design.