Design Rights

Design Rights
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 891
Release :
ISBN-10 : 9789041189233
ISBN-13 : 9041189238
Rating : 4/5 (238 Downloads)

Book Synopsis Design Rights by : Christopher V. Carani

Download or read book Design Rights written by Christopher V. Carani and published by Kluwer Law International B.V.. This book was released on 2017-09-25 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Design Rights Related Books

Design Rights
Language: en
Pages: 891
Authors: Christopher V. Carani
Categories: Law
Type: BOOK - Published: 2017-09-25 - Publisher: Kluwer Law International B.V.

GET EBOOK

Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid found
Patents, Trade Marks and Design Rights
Language: en
Pages: 178
Authors: Great Britain: Law Commission
Categories: Business & Economics
Type: BOOK - Published: 2013-04-17 - Publisher: The Stationery Office

GET EBOOK

Infringement litigation can be disruptive and expensive, the paper Patents, Trade Marks and Design Rights: Groundless Threats: A Consultation Paper examines the
Become a Successful Designer – Protect and Manage Your Design Rights Internationally
Language: en
Pages: 344
Authors: Joachim Kobuss
Categories: Design
Type: BOOK - Published: 2012-11-05 - Publisher: Walter de Gruyter

GET EBOOK

An easy-to-understand guide for designers on the legal topics that deeply affect their everyday professional activities, Become a Successful Designer provides d
Design Justice
Language: en
Pages: 358
Authors: Sasha Costanza-Chock
Categories: Design
Type: BOOK - Published: 2020-03-03 - Publisher: MIT Press

GET EBOOK

An exploration of how design might be led by marginalized communities, dismantle structural inequality, and advance collective liberation and ecological surviva
Industrial Design Rights
Language: en
Pages: 634
Authors: Brian W. Gray
Categories: Law
Type: BOOK - Published: 2020-10-14 - Publisher: Kluwer Law International B.V.

GET EBOOK

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 Internationa