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Research Handbook on Design Law

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Research Handbook on Design Law

9781781955871 Edward Elgar Publishing
Edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany
Publication Date: May 2021 ISBN: 978 1 78195 587 1 Extent: 584 pp
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.

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Critical Acclaim
Contributors
Contents
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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.

Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trade marks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe.

Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.
Critical Acclaim
‘This book is both a practice-oriented and intellectually inspiring analysis of European, U.S. and international design law. Its chapters, written by practitioners and academics who are leading in this field, cover fundamental issues of practical importance, of doctrine and of policy.’
– Ansgar Ohly, Ludwig Maximilian University of Munich, Germany

‘Design law is perhaps the most conceptually challenging of all IP rights, sometimes and sometimes not co-existing with other IP rights. Trade marks, copyright and some patent law conceptions are all in the mix. This collection of chapters is remarkable. It illuminates the issues and how different laws and judicial decisions around the world have, in their various ways, struggled with the often inchoate or cloudy concepts behind legislation. And the book is also a pleasure to read. A must.’
– The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UK
Contributors
Contributors include: E. Derclaye, J. Du Mont, T.-G.G. Durkin, Á. György, H. Hartwig, M.D. Janis, A. Kur, C.L. Mauro, C.D. Morley, D. Musker, M. Polson, R.M. Stutz, U. Suthersanen, A. Tischner, B. Volken, A. Von Mühlendahl
Contents
Contents:

Introduction to the Research Handbook on Design Law xxiv
Henning Hartwig

PART I FOUNDATIONS
1. Requirements for Design Protection: Global Commonalities 2
Bernard Volken
2. Trends in Functionality Jurisprudence: U.S. and E.U. Design Law 30
Jason Du Mont/Mark D. Janis
3. Easier to See than to Say: Catching the Elusive Spirit of Design in a Net of
Words 77
David Musker

PART II METHODOLOGICAL PERSPECTIVES
4. Reciprocity in European Design Law 119
Henning Hartwig
5. Design Rights and Designer’s Rights in the EU 169
Anna Tischner
6. Enablement and Indefiniteness in U.S. Design Patents after In re Maatita
and Ex parte Kaufman 207
Margaret Polson

PART III: ESTABLISHING AND ENFORCING PROTECTION
7. Protection of Designs on the Basis of Use 232
Estelle Derclaye
8. Claiming Priority under the Community Design Scheme 250
Henning Hartwig
9. Enforcing Design Rights throughout Europe 283
Annette Kur

PART IV: CRITICAL ISSUES
10. Protection of Spare Parts in Design Law: A Comparative Law
Analysis 304
Annette Kur and Ádám György
11. Design Protection for Graphical User Interfaces 345
Tracy-Gene G. Durkin
12. ‘Mast-Jägermeister’ before the Court of Justice of the EU: What the
Outcome Really Means 378
Henning Hartwig

PART V TRANSNATIONAL AND COMPARATIVE DIMENSIONS
13. International Design Law Policies: Present and Future 405
Robert Mirko Stutz
14. Three-Dimensional Trade Marks and Designs: Comparison and Conflict 441
Alexander von Mühlendahl
15. Cross-border Copyright Protection in Europe 482
Uma Suthersanen
16. How Different is Different? Modern Neuroscience and its Impact on Design
Law 507
Charles Lee Mauro and Christopher Daniel Morley

Index 550

This title is available for institutional purchase via Elgaronline.

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