\(
\def\WIPO{World Intellectual Property Organisation}
\)
Concise European Design Law.
2023
Details
Title
Concise European Design Law.
Item Type
Book
Description
xx, 416 pages
ISBN
9789403535463
Summary
Concise European Design Law, builds on the two editions of the design-related portions of the much-relied-upon Concise European Trade Mark and Design Law. The two EU instruments that govern design law – the Community Design Regulation (CDR) of 2001 and the Design Directive of 1998 – are expertly annotated by distinguished practitioners from a range of European countries in this thorough article-by-article commentary. It is the best first-stop guide to practice in the field.The book furnishes detailed guidance, taking into account the case law of the EUIPO and its Boards of Appeal and the General Court and the Court of Justice, on the practical application of the following crucial building blocks of design law practice: all issues of substantive design law, from definitions to novelty and individual character, ownership of design rights, limits of protection, to the 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, the EU’s General Court, and the Court of Justice; and actions for the infringement of Community designs, with a focus on jurisdiction and applicable law.
Formatted Contents Note
Preface
List of Authors
List of Abbreviations
About the Editors
Introduction – with brief remarks on Brexit
Practical Notes from the Editors
Council Regulation (EC) No 6/2002 Of 12 December 2001 on Community Designs - Preamble (No Commentary)
Title I: General provisions (Arts 1, 2)
Title II: The law relating to designs
Title III: Community Designs as Objects of Property (Arts 27-34)
Title IV: Application for a registered Community design
Title V: Registration Procedure (Arts 45-50)
Title VI: Surrender and invalidity of the registered Community design (Arts 51-54)
Title VII: Appeals (Arts 55-61)
Title VIII: Procedure before the Office
Title IX: Jurisdiction and procedure in legal actions relating to Community designs
Title X: Effects on the laws of the Member States (Arts 95, 96)
Title XI: Supplementary provisions concerning the Office
Title Xia: International registration of designs
Title XII: Final provisions (Arts 107-112)
Directive 98/71/EC of the European parliament and of the council of 13 October 1998 on the legal protection of designs
Annex I: Implementing regulation commission regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs (OJ EC No L 341 of 17.12.2002, p. 28)
Annex II: Fees regulation commission regulation (EC) No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs (OJ EC No L 341 of 17.12.2002, p. 54)
Annex III: Commission proposal regulation proposal for a regulation of the European parliament and of the council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002 (Text with EEA relevance) (COM(2022) 666 final)
Annex IV: Commission proposal directive proposal for a directive of the European parliament and of the council on the legal protection of designs (recast) (Text with EEA relevance) (COM(2022)667)
Annex V: General court rules of procedure (excerpts) rules of procedure of the general court (excerpts) OJ EU 2015 L 105 p. 1
Annex VI: Enforcement directive 2004/48/EC of the European parliament and of the council of 29 April 2004 on the enforcement of intellectual property rights (Text with EEA relevance) OJ EU 2004 L 195 p. 19
Annex VII: Regulation 2012/1215 regulation (EU) no 1215/2012 of the european parliament and of the council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (excerpts) (OJ 2012 L 351, p.1)
ANNEX VIII: WITHDRAWAL AGREEMENT (EXCERPTS) AGREEMENT on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (excerpts) (OJ 2019 C 384I/01)
Annex IX: Trips agreement (excerpts) agreement on trade-related aspects of intellectual property rights (excerpts)
Annex X: Paris convention (excerpts) Paris Convention for the Protection of Industrial Property (excerpts) of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, and as amended on September 28, 1979
Annex XI: Hague agreement (Geneva act) (excerpts) The Hague Agreement Concerning the International Registration of Industrial Designs Geneva Act of July 2, 1999
Annex XII: Locarno agreement (excerpts) Locarno Agreement Establishing an International Classification for Industrial Designs (as amended on September 28, 1979) (Authentic text).
List of Authors
List of Abbreviations
About the Editors
Introduction – with brief remarks on Brexit
Practical Notes from the Editors
Council Regulation (EC) No 6/2002 Of 12 December 2001 on Community Designs - Preamble (No Commentary)
Title I: General provisions (Arts 1, 2)
Title II: The law relating to designs
Title III: Community Designs as Objects of Property (Arts 27-34)
Title IV: Application for a registered Community design
Title V: Registration Procedure (Arts 45-50)
Title VI: Surrender and invalidity of the registered Community design (Arts 51-54)
Title VII: Appeals (Arts 55-61)
Title VIII: Procedure before the Office
Title IX: Jurisdiction and procedure in legal actions relating to Community designs
Title X: Effects on the laws of the Member States (Arts 95, 96)
Title XI: Supplementary provisions concerning the Office
Title Xia: International registration of designs
Title XII: Final provisions (Arts 107-112)
Directive 98/71/EC of the European parliament and of the council of 13 October 1998 on the legal protection of designs
Annex I: Implementing regulation commission regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs (OJ EC No L 341 of 17.12.2002, p. 28)
Annex II: Fees regulation commission regulation (EC) No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs (OJ EC No L 341 of 17.12.2002, p. 54)
Annex III: Commission proposal regulation proposal for a regulation of the European parliament and of the council amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002 (Text with EEA relevance) (COM(2022) 666 final)
Annex IV: Commission proposal directive proposal for a directive of the European parliament and of the council on the legal protection of designs (recast) (Text with EEA relevance) (COM(2022)667)
Annex V: General court rules of procedure (excerpts) rules of procedure of the general court (excerpts) OJ EU 2015 L 105 p. 1
Annex VI: Enforcement directive 2004/48/EC of the European parliament and of the council of 29 April 2004 on the enforcement of intellectual property rights (Text with EEA relevance) OJ EU 2004 L 195 p. 19
Annex VII: Regulation 2012/1215 regulation (EU) no 1215/2012 of the european parliament and of the council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (excerpts) (OJ 2012 L 351, p.1)
ANNEX VIII: WITHDRAWAL AGREEMENT (EXCERPTS) AGREEMENT on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (excerpts) (OJ 2019 C 384I/01)
Annex IX: Trips agreement (excerpts) agreement on trade-related aspects of intellectual property rights (excerpts)
Annex X: Paris convention (excerpts) Paris Convention for the Protection of Industrial Property (excerpts) of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967, and as amended on September 28, 1979
Annex XI: Hague agreement (Geneva act) (excerpts) The Hague Agreement Concerning the International Registration of Industrial Designs Geneva Act of July 2, 1999
Annex XII: Locarno agreement (excerpts) Locarno Agreement Establishing an International Classification for Industrial Designs (as amended on September 28, 1979) (Authentic text).
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Published
Alphen aan den Rijn, Netherlands : Kluwer Law International, 2023.
Language
English
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