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European Union Design Law: A Practitioner's Guide

European Union Design Law: A Practitioner's Guide

Author: David Stone
Publisher: Oxford University Press
ISBN: 9780199645176
Published In: December 2012
Format: Hardback , 496 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Draws not only on UK and OHIM decisions, but also national office and court decisions from a number of member states
Takes a practical approach, suggesting answers to key problems such as how to interpret Community designs, who is the 'informed user' and how to assess 'overall impression'
Includes extensive analysis of both the Designs Directive and the Designs Regulation
Enriched by examples from litigated cases across the EU

Recent years have seen many fundamental changes in European designs law, including the emergence of the Designs Directive in 1998 and the Designs Regulation in 2001. These pieces of legislation introduce major changes to the protection of industrial and ornamental designs throughout the European Union.

Many issues covered in the legislation remain unlitigated, or guidance has not yet been provided by superior tribunals. European Union Design Law provides a much-needed guide to the new law and practice. Beginning with a short history of the development of the legislation, Stone moves on to a detailed examination of the interpretation provided by OHIM, the Court of Justice and the General Court, and the Community Design Courts of the EU Member States. Separate chapters deal with RCD filing and invalidity, unregistered Community designs, the implementation of the Designs Directive by the member states, and the complex jurisdictional web for enforcing pan-EU rights.

Readership: Barristers and solicitors specializing in intellectual property law. Patent and trade mark attorneys in the UK and Continental Europe. In-house IP departments at manufacturing companies. National designs registries (including OHIM) and tribunals with design responsibilities, including the Court of Justice, the General Court, the Community Designs courts and national courts in EU Member States.

1: Historical Introduction
2: Aims of the European Union Wide Legislation
3: The System of Courts and Tribunals with Jurisdiction for Community Design Disputes
4: Definitions
5: Cumulative Effect with other Intellectual Property Rights
6: Exclusions from Protection
7: Unitary Character of European Union-Wide Design Rights and Territorial Effect
8: Right to the Community Design
9: Prior Designs
10: Novelty
11: Individual Character
12: Grounds for Invalidity
13: OHIM
14: RCDs
15: International Registrations
16: Invalidity Proceedings before OHIM
17: Unregistered Community Designs
18: Infringement
19: Defences to Infringement
20: Remedies
21: Jurisdiction
22: Two Case Studies
23: The Design Directive

David Stone, Partner, Simmons & Simmons, London

David Stone is a partner at Simmons and Simmons in London and an expert on design law. He also chairs the designs team of MARQUES (the Association of European Trade Mark Owners) and is author of three MARQUES reports on OHIM Registered Community Designs invalidity decisions. He has lectured on design law on four continents. He is also a contributor to OUP's Journal of Intellectual Property Law & Practice.