Design Law In Europe

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Concise European Design Law

Author : Verena von Bomhard
Publisher : Kluwer Law International B.V.
ISBN 13 : 940354046X
Total Pages : 624 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Concise European Design Law by : Verena von Bomhard

Download or read book Concise European Design Law written by Verena von Bomhard and published by Kluwer Law International B.V.. This book was released on 2023-10-25 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two EU instruments that govern design law – the Community Design Regulation (CDR) of 2001 and the Design Directive of 1998 – are expertly annotated in this thorough article-by-article commentary. Written by distinguished practitioners from a range of European countries, the volume builds on the two editions of the design-related portions of the much-relied-upon Concise European Trade Mark and Design Law, with corresponding case law through the end of 2022. It is the best first-stop guide to practice in the field. The commentary provides detailed guidance, taking into account the case law of the EUIPO and its Boards of Appeal and of the General Court and the Court of Justice, on the practical application of such crucial building blocks of design law practice as the following: all issues of substantive design law, from definitions to novelty and individual character, ownership of design rights, limits of protection, to scope of protection and rights conferred; all proceedings before the EUIPO, from filing design applications to registration, actions for declaration of invalidity, and all provisions governing review of EUIPO decisions, by the EUIPO Boards of Appeal, by the EU’s General Court, and by the Court of Justice; and actions for the infringement of Community designs, with a focus on jurisdiction and applicable law. The book also contains a unique collection of EU and international legislation of relevance for design protection, found in no other reference book, including the Community Design Implementing and Fee Regulations, the Enforcement of IP Rights Directive, excerpts from the Rules of Procedure of the General Court, and relevant provisions from applicable international treaties, such as the TRIPS Agreement, the Paris Convention, the Geneva Act of the Hague Agreement, and the Locarno Agreement. This concise book on designs is a handy desktop companion and single reference tool for daily use by every practitioner in the EU and elsewhere who practises design law. It will be welcomed by IP lawyers, in-house counsel, and government officials involved with design policy and procedure.

Design Law

Author : Uma Suthersanen
Publisher :
ISBN 13 : 9781847039064
Total Pages : 278 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Design Law by : Uma Suthersanen

Download or read book Design Law written by Uma Suthersanen and published by . This book was released on 2010 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title shows how designs can be protected using the entire intellectual property system. It covers the protection of artistic, industrial and functional designs and examines protection under EC legislation.

European Union Design Law

Author : David Stone
Publisher :
ISBN 13 : 9780198719298
Total Pages : 0 pages
Book Rating : 4.7/5 (192 download)

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Book Synopsis European Union Design Law by : David Stone

Download or read book European Union Design Law written by David Stone and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over ten years after the beginning of the Community Registered Designs system of the European Union (EU), the Office for Harmonization in the Internal Market (OHIM) and European courts continue to grapple with many of the new legal concepts introduced, making this a complex and fluctuating area of law. This new edition of the highly-respected English-language text offers a concise, accessible and highly readable volume covering the complete design law of the European Union. It offers a concise history of the legislation's development and aims, tracing the introduction of fundamental changes to the protection of industrial and ornamental designs throughout the EU. This is followed by a detailed and comprehensive examination of the interpretations provided by the OHIM, Court of Justice and General Court, and the Community Design Courts of EU Member States. The book quotes primary legal provisions in context, supported by extensive citation of case law from the OHIM and many European jurisdictions. Chapters cover topics including the definition of terms, the system of courts and tribunals with jurisdiction for Community Design disputes, overlap with other intellectual property rights, exclusions from protection, the unification of design rights across the EU, the right to the Community Design, assessment and invalidity of prior design and novelty arguments, the procedure of the OHIM, infringement and applicable defenses, jurisdictional issues, and the Design Directive. European Design Law: A Practitioner's Guide is an essential reference text for practitioners throughout the European Community.

Japanese Design Law and Practice

Author : Christoph Rademacher
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506458
Total Pages : 426 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Japanese Design Law and Practice by : Christoph Rademacher

Download or read book Japanese Design Law and Practice written by Christoph Rademacher and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Max Planck Series on Asian Intellectual Property Law Volume 18 Indisputably, Japan is today a major hub of product design, and designs made in Japan play an influential role in the world across a wide range of industries. This is the first and only book in English to provide a detailed overview and discussion of product design protection and practice under Japanese law. In addition to expert analysis of the application of design law by Japanese courts and the Japan Patent Office (including the far-reaching 2020 amendments), the book features seven contributions by Japanese product designers from specific industries who describe the product design process in their industry and its legal ramifications worldwide. With in-depth description and analysis and many detailed explanatory figures and tables, the contributors cover such issues and topics as the following: ownership of design rights; requirements for design protection; application process for design registration; examination procedure; appeals and invalidity trials; design infringement and scope of protection; overlap of design and other intellectual property rights; design protection and competition law; international jurisdiction and governing law; and design rights and commercial transactions. Industry-specific chapters cover the application of design law in furniture, home appliances, cell phones, cars, advertising, product packaging, web design, and typeface design. The book concludes with a chapter highlighting differences in design law in Japan and the European Union. Given that Japanese design experts often note a lack of understanding of Japanese design law and practice by foreign companies, this book will appeal to law firm practitioners and in-house counsel involved in global design right portfolio management and design protection in Japan. It will also appeal to intellectual property scholars and product designers with an interest in Japanese design practice and law.

Design Law in Europe

Author : Uma Suthersanen
Publisher :
ISBN 13 : 9780421576100
Total Pages : 705 pages
Book Rating : 4.5/5 (761 download)

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Book Synopsis Design Law in Europe by : Uma Suthersanen

Download or read book Design Law in Europe written by Uma Suthersanen and published by . This book was released on 2000 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the proposals on the European Design Regulation and Directive. It also examines the impact of the EU legislation on the regimes of the UK, France, Benelux, Germany and Italy, the key industrial jurisdictions in the Union, as well as the parts of domestic design law which remain unchanged.

European Design Protection

Author : Levin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041101128
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Design Protection by : Levin

Download or read book European Design Protection written by Levin and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Design occupies an important place in the cultural world of today. Against this, there have been manifold techno-legal approaches on the part of the major European legislatures to the issue of the protection of works of design. The Community proposals for a Directive and Regulation in this area are a response to the need, widely felt in various sectors of the design world, for a homogeneous and systematic protection of design works. These initiatives should however be considered in the light of the many interests at stake and the various solutions put forward in the wake of the Community's past experience in the fields of patents and trademarks.

The EU Design Approach

Author : Annette Kur
Publisher : Edward Elgar Publishing
ISBN 13 : 1785364146
Total Pages : 296 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis The EU Design Approach by : Annette Kur

Download or read book The EU Design Approach written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2018 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?

Research Handbook on Design Law

Author : Henning Hartwig
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955883
Total Pages : 584 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on Design Law by : Henning Hartwig

Download or read book Research Handbook on Design Law written by Henning Hartwig and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.

Industrial Design Rights

Author : Brian W. Gray
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159592
Total Pages : 754 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Industrial Design Rights by : Brian W. Gray

Download or read book Industrial Design Rights written by Brian W. Gray and published by Kluwer Law International B.V.. This book was released on 2015-11-01 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a revised and updated edition of a major work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. As a comparative cross-jurisdictional analysis of the practice, theory, scope, and types of design protection, it will continue to be of immeasurable value to lawyers and others involved in industrial design. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic and freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The second edition is comprised of more than twenty country reports, each written by one or more prominent intellectual property lawyer(s) in the country covered. To facilitate cross-jurisdictional comparison, each report is structured according to the following sequence of topics: • 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 second edition include the continuing impact of the European Community Design Directive, the adoption of the Hague Convention with corresponding major changes to US and Canadian design law and practice, the new German Design Law, and China's new Guidelines for examination. Each jurisdiction's currently applicable legislation, regulation, and case law is summarized and analysed.

European Design Law

Author :
Publisher :
ISBN 13 : 9780957548527
Total Pages : 84 pages
Book Rating : 4.5/5 (485 download)

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Book Synopsis European Design Law by :

Download or read book European Design Law written by and published by . This book was released on 2016 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Union Design Law

Author : David Stone (Lawyer)
Publisher :
ISBN 13 : 9780191030031
Total Pages : 650 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis European Union Design Law by : David Stone (Lawyer)

Download or read book European Union Design Law written by David Stone (Lawyer) and published by . This book was released on 2016 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this concise, accessible and highly readable practitioner text, covering the complete design law of the European Union.

Concise European Trade Mark and Design Law

Author : Charles Gielen
Publisher : Kluwer Law International
ISBN 13 : 9789041156662
Total Pages : 0 pages
Book Rating : 4.1/5 (566 download)

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Book Synopsis Concise European Trade Mark and Design Law by : Charles Gielen

Download or read book Concise European Trade Mark and Design Law written by Charles Gielen and published by Kluwer Law International. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface --Authors --About the Editors --Introduction --Practical Notes from the Editors --Council Regulation (EC) No 207/2009 as amended by Regulation (EU) 2015/2424 (EU Trade Mark Regulation) --General Provisions (Arts. 1-3) --The Law Relating to Trade Marks --Application for EU Trade Marks --Registration Procedure --Duration, Renewal, Alternation and Division of EU Trade Marks (Arts. 46-49) --Surrender, Revocation and Invalidity --Appeals (Arts. 58-65a) --Specific Provisions on European Union Collective Marks and Certification Marks --Procedure --Jurisdiction and Procedure in Legal Actions Relating to EU Trade Marks --Effects on the Laws of the Member States --The Office --International Registration of Marks --Final Provisions (Arts. 163-167) --EUTMR, Annex I (Fees) --Preamble to Regulation (EU) 2015/2424 --to Regulation (EU) 2015/2424 (Correlation Table CTMIR) --to Proposal for Codified EU Trade Mark Regulation (Correlation Table EUTMR) --Directive (EU) 2015/2436 of the European Parliament and of the Council (Trade Mark Directive) --General Provisions (Arts. 1, 2) --Substantive Law on Trade Marks --Procedures --Administrative Cooperation (Arts. 51, 52) --Final Provisions (Arts. 53-57) --Council Regulation (EC) No. 6/2002 (Community Design Regulation) --The Law Relating to Designs --Community Designs as Objects of Property (Arts. 27-34) --Application for a Registered Community Design --Registration Procedure (Arts. 45-50) --Surrender and Invalidity of The Registered Community Design (Arts. 51-54) --Appeals (Arts. 55-61) --Procedure before the Office --Jurisdiction and Procedure in Legal Actions Relating to Community DesignsTitle IX. Jurisdiction and Procedure in Legal Actions Relating to Community Designs --Effects on the Laws of the Member States (Arts. 95, 96) --Supplementary Provisions Concerning the Office --International Registration of Designs --Final Provisions (Arts. 107-111) --Directive 98/71/EC of the European Parliament and of the Council (Design Directive) --List of Abbreviations --List of Treaties, Legislation and other Documents --List of Cases.

Designing for Privacy and its Legal Framework

Author : Aurelia Tamò-Larrieux
Publisher : Springer
ISBN 13 : 3319986244
Total Pages : 254 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Designing for Privacy and its Legal Framework by : Aurelia Tamò-Larrieux

Download or read book Designing for Privacy and its Legal Framework written by Aurelia Tamò-Larrieux and published by Springer. This book was released on 2018-11-03 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles.

General Principles of EU Law and the EU Digital Order

Author : Ulf Bernitz
Publisher : Kluwer Law International
ISBN 13 : 9789403511658
Total Pages : 0 pages
Book Rating : 4.5/5 (116 download)

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Book Synopsis General Principles of EU Law and the EU Digital Order by : Ulf Bernitz

Download or read book General Principles of EU Law and the EU Digital Order written by Ulf Bernitz and published by Kluwer Law International. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles of EU Law and the EU Digital Order' addresses the role of general principles in the era of digitalization and the (potential) impact of digitalization on the theory of general principles of union law. Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the European Union?s (EU?s) digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of?big data? and algorithms. This book presents expert analyses of how digitalization raises questions of the future role for general principles of EU law, including the foundational principles of the EU?s fundamental economic freedoms and EU competition rules.

The Copyright/Design Interface

Author : Estelle Derclaye
Publisher : Cambridge University Press
ISBN 13 : 1108187617
Total Pages : 541 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Copyright/Design Interface by : Estelle Derclaye

Download or read book The Copyright/Design Interface written by Estelle Derclaye and published by Cambridge University Press. This book was released on 2018-03-08 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.

History of Design and Design Law

Author : Tsukasa Aso
Publisher : Springer Nature
ISBN 13 : 981168782X
Total Pages : 562 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis History of Design and Design Law by : Tsukasa Aso

Download or read book History of Design and Design Law written by Tsukasa Aso and published by Springer Nature. This book was released on 2022-04-22 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.

EU Personal Data Protection in Policy and Practice

Author : Bart Custers
Publisher : Springer
ISBN 13 : 9462652821
Total Pages : 249 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis EU Personal Data Protection in Policy and Practice by : Bart Custers

Download or read book EU Personal Data Protection in Policy and Practice written by Bart Custers and published by Springer. This book was released on 2019-02-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.