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 OHIM, the 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 Court of Justice, 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 right to the Community design, interpreting designs, disclosure, invalidity of prior design and novelty arguments, the procedure of OHIM, infringement and applicable defences, jurisdictional issues, and the Design Directive. European Union Design Law: A Practitioners' Guide is an essential reference text for practitioners throughout the European Union and beyond.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. Historical introduction 2. Aims and interpretation of the EU-wide legislation 3. The system of courts and tribunals with jurisdiction for European Union design disputes 4. Definitions 5. Cumulative effect with other intellectual property rights 6. Exclusions from protection 7. Unitary character of EU-wide design rights and territorial effect 8. Right to the community design 9. Interpreting a design 10. Prior designs 11. Novelty 12. Individual character 13. Grounds for invalidity 14. The office 15. RCDs 16. International registrations 17. Invalidity proceedings before the office 18. Unregistered community designs 19. Infringement 20. Defenses to infringement 21. Remedies 22. Jurisdiction 23. Case study-Apple v Samsung 24. The design directive.