EU Design Approach

A Global Appraisal

Inbunden, Engelska, 2018

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Beskrivning

EU legislation for the protection of designs has been described as a 'third way’'in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU's unique Design Approach; assessing its formation, development and impact over the past decade.The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some on-going points of contention. IP scholars will find this book to be a valuable resource of historical and comparative analysis. Practicing IP lawyers and policy makers will also benefit from the inclusion of up to date EU and national case law.Contributors include: G. Dinwoodie, S. Dogan, P. Fabbio, F. Kur, M. Levin, A. Ohly, J. Schovsbo, S. Teilmann-Lock, Q. Yin, W. Zhang

Produktinformation

Utgivningsdatum:2018-11-30
Mått:156 x 234 x undefined mm
Format:Inbunden
Språk:Engelska
Förlag:Edward Elgar Publishing Ltd
ISBN:9781785364136

Utforska kategorier

Immaterialrätt inom Juridik

Mer om författaren

Edited by Annette Kur, Professor, Max Planck Institute for Innovation and Competition (retired), Munich, Germany, Marianne Levin, Professor, Department of Law, Stockholm University, Sweden and Jens Schovsbo, dr.jur., PhD, Professor of Intellectual Property Law, Center for Information and Innovation Law (CIIR), University of Copenhagen, Denmark

Recensioner i media

‘The collection is a valuable resource of historical and comparative analysis - well written and most enjoyable also because of the authors’ colourful style and language. It is highly recommended not only to IP scholars and policymakers but also, and particularly, to practitioners in the EU and beyond.’

Innehållsförteckning

Contents :Preface Annette Kur, Marianne Levin and Jens Schovsbo1. The Design Approach Revisited: Background and MeaningAnnette Kur and Marianne Levin2. The Design Approach in a Design Historical PerspectiveStina Theilmann-Lock3. The Harmonising Decisions from Luxembourg Marianne Levin4. Copyright protection for design creations Philipp Fabbio5. “Buy me because I’m cool”: the “marketing approach” and the overlap be-tween design, Trade mark and unfair competition law Ansgar Ohly6. Design Protection for Products That are “Dictated by Function” Graeme Dinwoodie and Jens Schovsbo7. The Design Approach and Procedural Practice – Mismatch or Smooth Transposition? Annette Kur8. From Law in the Books to Enforcement in Court: Jurisdiction, Applicable Law, and Sanctions Annette Kur9. Greeted with a Shrug: The Impact of the Community Design System on United States Law Stacy Dogan10. 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