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

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

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

Author: Dr Uma Suthersanen
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847039064
Published In: September 2010
Format: Hardback
Jurisdiction: European Union, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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

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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