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Author: Brian W. Gray
Publisher: Kluwer Law International B.V.
ISBN: 940352555X
Category : Law
Languages : en
Pages : 603
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Book Description
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 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. The third edition is comprised of twenty-five 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 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 US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.
Author: Brian W. Gray
Publisher: Kluwer Law International B.V.
ISBN: 940352555X
Category : Law
Languages : en
Pages : 603
Get Book Here
Book Description
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 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. The third edition is comprised of twenty-five 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 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 US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.
Author: Christine Fellner
Publisher:
ISBN: 9780421451902
Category : Copyright
Languages : en
Pages : 302
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Book Description
The 1988 Copyright, Designs and Patents Act attempted to clarify the legal issues concerning the amount of protection that should be afforded to industrial design.
Author: George Wei
Publisher: Academy Publishing
ISBN: 9810731493
Category : Design protection
Languages : en
Pages : 650
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Book Description
Author: John R. Thomas
Publisher: DIANE Publishing
ISBN: 1437928188
Category : Law
Languages : en
Pages : 21
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Book Description
This is a print on demand edition of a hard to find publication. Under current intellectual property laws, industrial designs (ID) may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Actestablished a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect ID. Contents of this report: (1) ID and Intellectual Property: Copyright; Trade Dress; Design Patents; Vessel Hull Design Protection; (2) Current Issues in ID Protection: Intellectual Property Rights in Fashion Designs; U.S. Adherence to the Hague Convention; Auto Spare Parts; Judicial Developments Concerning ID Patents; (3) Issues in Innovation and Competition.
Author: Martin Howe
Publisher:
ISBN: 9780414052642
Category : Design protection
Languages : en
Pages : 948
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Book Description
Author: Barbara Pasa
Publisher: BRILL
ISBN: 9004430318
Category : Art
Languages : en
Pages : 143
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Book Description
The copyright/design interface for a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.
Author: William T. Fryer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Industry in the United States of America has shown an increased interest in industrial design protection. This conclusion is based on several recent developments, including significant court decisions and an increased number of design patent applications received by the Patent and Trademark Office (PTO). Another important fact is the renewed effort to improve industrial design protection, by adding an additional form of industrial designs intellectual property law. The basic intellectual property law (hereinafter all reference to the law will be U.S.A. law unless otherwise indicated) available now for industrial design protection is the design patent, but there has been significant use of trademark law and some copyright law for certain designs. The consensus in the legal community and many industries is that a better way is needed to protect industrial designs. Generally, the present systems take too long to obtain protection. These rights are difficult to enforce in court and, usually, it is not clear what industrial design features are protected.
Author: P. Narayanan
Publisher:
ISBN: 9788171772315
Category :
Languages : en
Pages : 1097
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Book Description
Author: Tsukasa Aso
Publisher: Springer Nature
ISBN: 981168782X
Category : Law
Languages : en
Pages : 562
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Book Description
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.
Author: Henning Hartwig
Publisher: Edward Elgar Publishing
ISBN: 1781955883
Category : Law
Languages : en
Pages : 584
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Book Description
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.
