Research Handbook on Design Law PDF Download

Author: Henning Hartwig
Publisher: Edward Elgar Publishing
ISBN: 1781955883
Category : Law
Languages : en
Pages : 584

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Book Description
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.

Author:
Publisher:
ISBN: 9789403506418
Category :
Languages : en
Pages :

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Book Description
Japanese Design Law and Practice' is the only book in English that provides a detailed overview and discussion of product design protection and practice under Japanese law. Japan is a significant hub of product design, and Japanese designs have made their mark in the world across a wide range of industries. The book features an analysis of the design law (including the far-reaching 2020 amendments) and how it has been applied by Japanese courts and the Japan Patent Office. A unique feature of the book is that it includes not only an examination of the design law by legal experts but also a discussion of design protection from the perspective of Japanese designers.

Author: Estelle Derclaye
Publisher: Cambridge University Press
ISBN: 1108196020
Category : Law
Languages : en
Pages : 492

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Book Description
Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.

Author: Christopher V. Carani
Publisher: Kluwer Law International B.V.
ISBN: 9041189238
Category : Law
Languages : en
Pages : 891

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Book Description
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.

Author: Dana Beldiman
Publisher: Edward Elgar Publishing
ISBN: 1800886527
Category : Law
Languages : en
Pages : 767

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Book Description
This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.

Author: Abbe Brown
Publisher: Oxford University Press, USA
ISBN: 0198799802
Category : Law
Languages : en
Pages : 967

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Book Description
A unique perspective on intellectual property law. It examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come.

Author: Lavinia Brancusi
Publisher: Taylor & Francis
ISBN: 1000902927
Category : Law
Languages : en
Pages : 290

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Book Description
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

Author: Christopher Heath
Publisher: Bloomsbury Publishing
ISBN: 184731256X
Category : Law
Languages : en
Pages : 376

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Book Description
This book, arising from the collaboration between the IEEM in Macao and the Max Planck Institute in Munich, provides up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The first two parts of the book give broad coverage to the protection of relative newcomers to the field of international intellectual property: cultural heritage and geographical indications. The third part deals with issues of enforcement which have become a major point of interest since the substantive intellectual property rules were put in place. Particular emphasis is given to enforcement systems in Asia, and to the subject matter of criminal enforcement that in many parts of the world is considered an important tool of effective protection. The final part of the book deals with the issue of multiple protection and overprotection, now a growing issue in IP law.

Author: Graeme B. Dinwoodie
Publisher: Aspen Publishing
ISBN: 1543806775
Category : Law
Languages : en
Pages : 804

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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.

Author: Christine Fellner
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 302

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Book Description
How the law should protect industrial design - the effort and investment that goes into the appearance of products as diverse as teddy bears and turbines, bracelets and bedpans, exhaust pipes and embroidered blouses - has worried generations of legislators and intellectual property lawyers, and the various solutions adopted have often confused and frustrated the designers and industrialists they were meant to help. "Industrial Design Law" provides a thorough commentary on the new provisions relating to designs in the 1988 Copyright, Designs and Patents Act, together with the continuing regime for registered designs. It examines how these are applied in practice, and discusses the proposed EU-wide changes under the 1993 draft Regulation and Harmonisation Directive.