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European Union Design Law : A Practitioners' Guide.
2016
H 441 STO.E (2)
Available at WIPO Library
Items
Details
Title
European Union Design Law : A Practitioners' Guide.
Author
Edition
Second edition.
Description
732 pages ; 26 cm
ISBN
9780198719298 Print
9780191927409 eBook
9780191927409 eBook
Alternate Call Number
H 441 STO.E (2)
Summary
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.
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.
Linked Resources
Published
Oxford, United Kingdom : Oxford University Press, 2016.
Language
English
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