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
Out of stock
This title is currently unavailable for purchase.
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Save

Recommended

You may also be interested in these books:

More titles from Intellectual Property / Patent / Copyright

View all
Getting the Deal Through: Intellectual Property & Antitrust 2019
Getting the Deal Through

Getting the Deal Through: Intellectual Property & Antitrust 2019

Peter J Levitas
Musical Works, Copyright, and Generative AI: Legal Perspectives on Originality and Authorship
Kluwer Law International

Musical Works, Copyright, and Generative AI: Legal Perspectives on Originality and Authorship

Anton Ylikallio
HKD 1,238.82
Individualism and Collectiveness in Intellectual Property Law
Edward Elgar Publishing

Individualism and Collectiveness in Intellectual Property Law

Jan Rosen
HKD 1,702.35
Music The Business: Including the Latest Developments in Music Streaming 8th Edition
Virgin Books

Music The Business: Including the Latest Developments in Music Streaming 8th Edition

Ann Harrison
HKD 465.50
Intellectual Property Law and Human Rights 4th ed
Kluwer Law International

Intellectual Property Law and Human Rights 4th ed

Paul L.C. Torremans
HKD 1,726.51
Flexibilities in Copyright Law New
Routledge

Flexibilities in Copyright Law

Caterina Sganga; Tatiana Eleni Synodinou
HKD 3,089.45