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Industrial Design Rights: An International Perspective, 3rd Edition

Industrial Design Rights: An International Perspective, 3rd Edition

Author: Brian W. Gray
Publisher: Kluwer Law International
ISBN: 9789403525549
Published In: October 2020
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Industrial Design Rights is a revised and updated third edition of a significant work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. There have been considerable changes since the previous edition principally in the increasing adoption of the Hague Convention on designs all over the world and harmonization of industrial designs among the European Community countries. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic creation and the freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor.

What’s in this book:

The third edition comprises twenty-five country chapters written by one or more prominent intellectual property lawyer(s) in the country covered. Design patents are not treated the same way in all jurisdictions and hence to facilitate cross-jurisdictional comparison, each chapter is structured according to the following sequence of topics covering all new developments in each jurisdiction:
- conventions and legislation;
- definition of what constitutes a protectable design;
- originality/novelty;
- duration of protection;
- infringement;
- defences to infringement;
- procedures for filing application for registration; and
- expunging, cancelling, or varying registration.
Prominent new developments covered in the third edition include new chapters from South Korea, Russia and Turkey as well as continuing coverage of the impact of the European Community Design Directive, the adoption of the Hague Agreement with corresponding major changes to the US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination.

How this will help you:

With each chapter organized around a series of identical headings or topics for each jurisdiction enabling an easy comparison of the scope and subject matter of protection, this book is one of its kind, and it will be of immeasurable value to lawyers and others involved in industrial design. No other resource explores the practice, theory, scope, and types of design protection as this book.
Editor

Contributors

Preface

CHAPTER 1
Industrial Design Rights: Argentina
Julia Tellechea

CHAPTER 2
Industrial Design Rights: Australia
Sue Gilchrist, Nicola Gollan & Vanessa Jiang

CHAPTER 3
Industrial Design Rights: Brazil
Roberta Arantes Lopes & Diogo Netto

CHAPTER 4
Industrial Design Rights: Canada
Christopher N. Hunter

CHAPTER 5
Industrial Design Rights: China
Mike Chen, Jenny Li & Mary (Ying) Zhang

CHAPTER 6
Industrial Design Rights: Denmark and Other Nordic Countries
Klaus Ewald Madsen & Claus Barrett Christiansen

CHAPTER 7
Industrial Design Rights: Europe
Rutger Stoop, Kurt Stöpetie & Sophie Gauquier

CHAPTER 8
Industrial Design Rights: France
Alexandra Neri

CHAPTER 9
Industrial Design Rights: Germany
Uwe Lüken

CHAPTER 10
Industrial Design Rights: India
Sudhir D. Ahuja

CHAPTER 11
Industrial Design Rights: Italy
Luigi Pavanello

CHAPTER 12
Industrial Design Rights: Japan
Hiromichi Aoki

CHAPTER 13
Industrial Design Rights: South Korea
Hyun Joo Hong, Hyung-Geun Ji & John J. Kim

CHAPTER 14
Industrial Design Rights: Malaysia
Karen Abraham, Janet Toh Yoong San & Sim Sook Eng

CHAPTER 15
Industrial Design Rights: Mexico
Juan Carlos Suarez

CHAPTER 16
Industrial Design Rights: The Netherlands
Rutger Stoop, Kurt Stöpetie & Sophie Gauquier

CHAPTER 17
Industrial Design Rights: Russian Federation
David Aylen & Ksenia Mamontova

CHAPTER 18
Industrial Design Rights: Singapore
Gladys Mirandah, Ang Chuan Heng (Shawn) & Michael Gabriel

CHAPTER 19
Industrial Design Rights: South Africa
Ralph van Niekerk

CHAPTER 20
Industrial Design Rights: Spain
Gonzalo Ulloa Suelves & Álvaro de Castro

CHAPTER 21
Industrial Design Rights: Taiwan
Yu-Jiunn Kao, Frank Liu, Ming-Chu Tsai & Tony Tung-Yang Chang

CHAPTER 22
Industrial Design Rights: Turkey
Hande Hanc¸er, Mutlu Yildirim Köse & Havva Yildiz

CHAPTER 23
Industrial Design Rights: United Kingdom
David Musker

CHAPTER 24
Industrial Design Rights: United States
George D. Raynal & Perry J. Saidman

CHAPTER 25
Industrial Design Rights: Venezuela
Luis F. Elias

Index