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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
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: 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: Dana Beldiman
Publisher: Springer
ISBN: 3319540602
Category : Law
Languages : en
Pages : 132
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Book Description
This publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU. This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US. Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.
Author: Christopher V. Carani
Publisher: Kluwer Law International B.V.
ISBN: 9041189238
Category : Law
Languages : en
Pages : 938
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Book Description
Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid foundation on the law regarding the protection and enforcement of design rights, focuses on the ever-present, and always contentious, issue of functionality in the context of design rights. While there is considerable harmonization on the fundamental principle that design rights regard aesthetic appearance and not underlying technical function, courts and legislatures the world over have long struggled with determining whether to permit, and how to interpret the scope of, designs rights directed at products whose appearancemay, partially or completely, be the result of functional consideration. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of functionality in key jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. The authors of the country chapters have been carefully selected based on their extensive experience and in-depth knowledge about design protection in their respective jurisdictions. Each chapter considers such issues and topics as the following: • availability of protection – granting authority, statutory requirements, drawing requirements, and disclaimers; • tests or approaches applied to determine whether a design right is ineligiblefor protection based on functionality grounds, including related policy considerations; • strategies employed to mount, and fend off, challenges to design rights based on functionality; • determination of a design right’s scope of protection, including the impact of any visual elements of the overall design having appearances that are non-novel and/or functional; • tests or approaches applied to determine whether a visual element of a design right is excluded from the overall scope of protection based on functionality grounds, including related policy considerations; • examples of how visual elements of a design right whose appearance is driven by function are treated in infringement and validity contexts. Each chapter includes case law examples, hypothetical fact patterns, and graphic images of designs to bring issues to life. An introductory chapter covers the basic tenets of design rights, terminology, and discussion of design rights in relation to other areas of intellectual property. As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book proves to be of tremendous practical interest for the industry involved and for the public. Applicants for design protection, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a matchless and thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
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: VINOD V. SOPLE
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8120352653
Category : Business & Economics
Languages : en
Pages : 500
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Book Description
The book, now in its fifth edition, offers a comprehensive treatment of Intellectual Property concepts and their applications in Indian industry. It provides a strategic framework for IP management, leading to competitive advantage for a business enterprise. Besides explaining the conceptual framework and practices of IP management, the book discusses IP as a strategic tool, its commercial exploitation and strategies for risk management of IP. Web-based material comprising chapter-wise PowerPoint Presentations (PPTs) and Multiple Choice Questions is available at www.phindia.com/sople. This book is primarily intended as a text for postgraduate students of management, students of engineering and those who are pursuing certificate, postgraduate diploma or degree courses in IPR. In addition, professionals and corporate decision-makers should find the text valuable.NEW TO THE FIFTH EDITION • A new chapter has been introduced on Filing Patent Applications. • Numerous sections such as clinical research regulations, planned purification, combination therapy, alternate delivery, trade dress trademark protection, trademark caution notice, comparative advertising and trademark violation, contributory and vicarious infringement, two statutes for farmers’ rights, incremental innovation, piracy in fashion design, patentable or not patentable biotech inventions have now been incorporated in the respective chapters. • More cases/caselets have been introduced in the present edition. KEY FEATURES • Discusses IPs such as Patents, Copyrights, Trademarks, Trade Secrets, Designs, Semiconductor Circuit Layouts and Geographical Indications, etc. • Practices issues of IPRs in Cyber Space, Fashion Design, Biotechnology and Pharmaceutical industry. • Classifies systems in practice for various IPs. • Provides IPRs legal provision in Indian context. • Includes a comprehensive glossary of important terms. • Encloses CD-ROM containing Intellectual Property Rights’ laws in India as per the latest amendments.
Author: VINOD V. SOPLE
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8120346459
Category : Law
Languages : en
Pages : 406
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Book Description
The book presents a comprehensive treatment of Intellectual Property concepts and its applications in Indian industry. Now, in its Third Edition, it includes a new chapter on Valuation of Intellectual Property and numerous cases/caselets in most of the chapters. It provides a strategic framework for IP management, leading to competitive advantage for a business enterprise. Besides explaining the conceptual framework and practices of IP management, the book discusses IP as a strategic tool, its commercial exploitation and strategies for risk management of IP. Web-based material comprising chapter-wise PowerPoint Presentations (PPTs) and multiple choice questions is available at www.phindia.com/sople This book is primarily intended as a text for postgraduate students of management, students of engineering and those who are pursuing certificate, postgraduate diploma or degree courses in IPR. In addition, professionals and corporate decision-makers should find the text very valuable. KEY FEATURES : Discusses IPs such as Patents, Copyrights, Trademarks, Trade Secrets, Designs, Semiconductor Circuit Layouts and Geographical Indications, etc. Treats IPRs and Cyber Space and Pharmaceutical sector in separate chapters. Classifies systems in practice for various IPs. Provides IPRs legal provision in Indian context. Includes a comprehensive glossary of important terms.
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: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280529838
Category : Law
Languages : en
Pages : 36
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Book Description
This is the second in a series of guides on "Intellectual Property for Business". It focuses on industrial designs, a key factor in determining the success of products in the market.
Author: Annette Kur
Publisher: Edward Elgar Publishing
ISBN: 1785364146
Category : ART
Languages : en
Pages : 296
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Book Description
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?
