Hardback
The EU Design Approach
A Global Appraisal
9781785364136 Edward Elgar Publishing
The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?
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Critical Acclaim
Contributors
Contents
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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 ongoing 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.
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 ongoing 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.
Critical Acclaim
‘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.’
– Henning Hartwig, Journal of Intellectual Property Law and Practice
‘This edited volume is a rare and valuable contribution to the understanding of a subject that both intellectual property scholars and practitioners would be advised to better understand.’
– Benjamin Farrnd, Common Market Law Review
‘While The EU Design Approach is primarily aimed at a European audience and provides a well written, informative and comprehensive discussion of EU design law, local readers particularly those involved in research and policy development should find this a valuable resource....to the extent that they are all brought together in a single package perhaps it is unique.’
– Raymond Hind, Intellectual Property Forum: the journal of The Intellectual Property Society of Australia and New Zealand
‘This book is valuable both for the inexperienced and for the experts. Despite being written by many authors, it manages to be a cohesive piece of scholarship, critically explaining the current law and proposing a way forward. It is a recommended reading for anyone dealing with design law.’
– Nuno Sousa e Silva, Journal of Intellectual Property Law & Practice
‘IP practitioners will find this book to be a valuable resource of historical and comparative analysis. Practising IP lawyers as policy makers will also benefit from the inclusion of up to date EU and national case law.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
– Henning Hartwig, Journal of Intellectual Property Law and Practice
‘This edited volume is a rare and valuable contribution to the understanding of a subject that both intellectual property scholars and practitioners would be advised to better understand.’
– Benjamin Farrnd, Common Market Law Review
‘While The EU Design Approach is primarily aimed at a European audience and provides a well written, informative and comprehensive discussion of EU design law, local readers particularly those involved in research and policy development should find this a valuable resource....to the extent that they are all brought together in a single package perhaps it is unique.’
– Raymond Hind, Intellectual Property Forum: the journal of The Intellectual Property Society of Australia and New Zealand
‘This book is valuable both for the inexperienced and for the experts. Despite being written by many authors, it manages to be a cohesive piece of scholarship, critically explaining the current law and proposing a way forward. It is a recommended reading for anyone dealing with design law.’
– Nuno Sousa e Silva, Journal of Intellectual Property Law & Practice
‘IP practitioners will find this book to be a valuable resource of historical and comparative analysis. Practising IP lawyers as policy makers will also benefit from the inclusion of up to date EU and national case law.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Contributors
Contributors: G. Dinwoodie, S. Dogan, P. Fabbio, F. Kur, M. Levin, A. Ohly, J. Schovsbo, S. Teilmann-Lock, Q. Yin, W. Zhang
Contents
Contents :
Preface
Annette Kur, Marianne Levin and Jens Schovsbo
1. The Design Approach Revisited: Background and Meaning
Annette Kur and Marianne Levin
2. The Design Approach in a Design Historical Perspective
Stina Theilmann-Lock
3. The Harmonising Decisions from Luxembourg
Marianne Levin
4. Copyright protection for design creations
Philipp Fabbio
5. “Buy me because I’m cool”: the “marketing approach” and the overlap be-tween design, Trade mark and unfair competition law
Ansgar Ohly
6. Design Protection for Products That are “Dictated by Function”
Graeme Dinwoodie and Jens Schovsbo
7. The Design Approach and Procedural Practice – Mismatch or Smooth Transposition?
Annette Kur
8. From Law in the Books to Enforcement in Court: Jurisdiction, Applicable Law, and Sanctions
Annette Kur
9. Greeted with a Shrug: The Impact of the Community Design System on United States Law
Stacy Dogan
10. 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
Preface
Annette Kur, Marianne Levin and Jens Schovsbo
1. The Design Approach Revisited: Background and Meaning
Annette Kur and Marianne Levin
2. The Design Approach in a Design Historical Perspective
Stina Theilmann-Lock
3. The Harmonising Decisions from Luxembourg
Marianne Levin
4. Copyright protection for design creations
Philipp Fabbio
5. “Buy me because I’m cool”: the “marketing approach” and the overlap be-tween design, Trade mark and unfair competition law
Ansgar Ohly
6. Design Protection for Products That are “Dictated by Function”
Graeme Dinwoodie and Jens Schovsbo
7. The Design Approach and Procedural Practice – Mismatch or Smooth Transposition?
Annette Kur
8. From Law in the Books to Enforcement in Court: Jurisdiction, Applicable Law, and Sanctions
Annette Kur
9. Greeted with a Shrug: The Impact of the Community Design System on United States Law
Stacy Dogan
10. 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
