Concise European Design Law

Author: Verena von Bomhard; Alexander von Mühlendahl
Publisher: Kluwer Law International
ISBN: 9789403535463
Published In: October 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Concise European Design Law builds on the two editions of the design-related portions of the much-relied-upon Concise European Trade Mark and Design Law. The two EU instruments that govern design law – the Community Design Regulation (CDR) of 2001 and the Design Directive of 1998 – are expertly annotated by distinguished practitioners from a range of European countries in this thorough article-by-article commentary. It is the best first-stop guide to practice in the field.

What’s in this book:

The book furnishes detailed guidance, taking into account the case law of the EUIPO and its Boards of Appeal and the General Court and the Court of Justice, on the practical application of the following crucial building blocks of design law practice:

all issues of substantive design law, from definitions to novelty and individual character, ownership of design rights, limits of protection, to the scope of protection and rights conferred
all proceedings before the EUIPO, from filing design applications to registration, actions for declaration of invalidity, and all provisions governing review of EUIPO decisions, by the EUIPO Boards of Appeal, the EU’s General Court, and the Court of Justice, and
actions for the infringement of Community designs, with a focus on jurisdiction and applicable law

The book also encompasses a unique collection of EU and international legislation of relevance for design protection, found in no other reference book, including the Community Design Implementing and Fee Regulations, the Enforcement of IP Rights Directive, excerpts from the Rules of Procedure of the General Court, and relevant provisions from applicable international treaties, such as the TRIPS Agreement, the Paris Convention, the Geneva Act of the Hague Agreement, and the Locarno Agreement.

How this will help you:

This succinct book on designs is a handy desktop companion and single reference tool for daily use by every practitioner in the EU and elsewhere who practises design law. It will be appreciated by IP lawyers, in-house counsel, and government officials involved with design policy and procedure.

Preface

List of Authors

List of Abbreviations

About the Editors

Introduction – with brief remarks on Brexit

Practical Notes from the Editors

Regulation (EC) No 6/2002

Title I. General provisions (Arts 1, 2)

Title II. The law relating to designs

Section 1. Requirements for protection (Arts 3-9)

Section 2. Scope and term of protection (Arts 10-13)

Section 3. Right to the Community design (Arts 14-18)

Section 4. Effects of the Community design (Arts 19-23)

Section 5. Invalidity (Arts 24-26)

Title III. Community Designs as Objects of Property (Arts 27-34)

Title IV. Application for a registered Community design

Section 1. Filing of applications and the conditions which govern them (Arts 35-40)

Section 2. Priority (Arts 41-44)

Title V. Registration Procedure (Arts 45-50)

Title VI. Surrender and invalidity of the registered Community design (Arts 51-54)

Title VII. Appeals (Arts 55-61)

Title VIII. Procedure before the Office

Section 1. General provisions (Arts 62-69)

Section 2. Costs (Arts 70, 71)

Section 3. Informing the public and the official authorities of the Member States (Arts 72-76)

Section 4. Representation (Arts 77, 78)

Title IX. Jurisdiction and procedure in legal actions relating to Community designs

Section 1. Jurisdiction and enforcement (Art.

79)

Section 2. Disputes concerning the infringement and validity of Community designs (Arts 80-92)

Section 3. Other disputes concerning Community designs (Arts 93, 94)

Title X. Effects on the laws of the Member States (Arts 95, 96)

Title XI. Supplementary provisions concerning the Office

Section 1. General provisions (Arts 97-101)

Section 2. Procedures (Arts 102-106)

Title XIa. International registration of designs

Section 1. General provisions (Art.

106a)

Section 2. International registrations designating the community (Arts 106b-106f)

Title XII. Final provisions (Arts 107-112)

Directive 98/71/EC (Arts 1-21)

Annex I Implementing Regulation

Annex II Fees Regulation

Annex III Commission Proposal Regulation

Annex IV Commission Proposal Directive

Annex V General Court Rules of Procedure (excerpts)

Annex VI Enforcement Directive

Annex VII Regulation 2012/1215

Annex VIII Withdrawal Agreement (excerpts)

Annex IX TRIPS Agreement (excerpts)

Annex X Paris Convention (excerpts)

Annex XI Hague Agreement (Geneva Act)

Annex XII Locarno Agreement

Index

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