Design Law: European Union and United States of America (2nd edition)

Intellectual Property / Patent / Copyright

Design Law: European Union and United States of America, 2nd Edition

By Dr Uma Suthersanen
Sweet & Maxwell U.K. September 2010

Specifications

ISBN-13
9781847039064
Publisher
Sweet & Maxwell U.K.
Publication
September 2010
Format
Hardback
Jurisdiction
European Union, U.S. ? Countri(es) for reference only

Details

  • Shows how designs can be protected using the entire intellectual property system
  • Covers the protection of artistic, industrial and functional designs
  • Deals with protection under copyright, design, competition and utility model laws
  • Examines protection under EC legislation
  • Discusses the European Design Regulation, European Design Directive, European Trade Mark Regulation and EU copyright directives
  • Reviews OHIM case law in depth
  • Gives guidance on using competition law as a shield against infringement actions
  • Goes through free movement and market integration in the EU to understand the trade conditions that allow parallel importation
  • Considers anti-competitive agreements showing how and why these might exist and how to go about challenging them
  • Shows how parallel importation relates to royalty collecting societies and trade associations, automobile and film distribution
  • Discusses consent and the burden of proof after Davidoff and explains developments relating to how consent is given for extra-EU imports into the market

Table of Contents

PART ONE – FOUNDATIONS [15k]

Chapter 1Etymology
  • Arts and Manufactures
  • Technology and Design
  • Industrial Creations
  • Mass Production and Product Design
  • Innovation

Chapter 2Legal Theories
  • L’unite de l’art
  • Petty Patents, Utility Models and Industrial Design
  • Artistic Works and Conceptual Function
  • Design as Patents
  • “Design Law” as a Species

Chapter 3Designing International Rules
  • Rationalising the Institutional Categorisation
  • Berne Convention
  • Paris Convention
  • TRIPs Agreement
  • International Registration Law

Chapter 4Justifying Protection
  • Which Property Right?
  • Tort and Unfair Competition
  • Economic and Social Welfare Arguments
  • Development and Traditional Cultural Expressions
  • Designers Have Human Rights Too

Chapter 5Three Tales of Competition
  • The British Experience: Drawings, Repair and Equity
  • The European Defeat: Spare Parts, Droit D’auteur, and Free Movement
  • A Quintessentially American Affair: State Laws and Boat Hulls

PART TWO –EUROPEAN UNION

Chapter 6Registered Community Design [30 k]
  • Legislative Background
  • Design Directive
  • Protectable Designs
  • Excluded Designs
  • Novelty
  • Individual Character
  • Scope of Protection
  • Infringement
  • Ownership and Duration
  • Invalidation
  • Registration and Civil Procedure

Chapter 7Unregistered Community Design
  • Relationship between the Registered and Unregistered Regimes
  • Infringement
  • Ownership and Duration

Chapter 8Distinctive Designs and Community Trade Mark
  • Protectable designs
  • Distinctiveness
  • Functionality and Shapes

Chapter 9Designs and Copyright
  • Precis of National Laws in Member States
  • EU Design/Copyright Interface
  • Acquis Communitaire

PART THREE – UNITED STATES

Chapter 10Federal Design Patent Law
  • General Overview
  • Novelty
  • Non-Obviousness
  • Ornamental
  • Functionality

Chapter 11Federal Copyright Law
  • Early History
  • 1976 Copyright Act
  • Separability
  • Useful Article
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