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Research Handbook on Design Law

Edited by: Henning Hartwig

ISBN13: 9781781955871
Published: May 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £235.00



Despatched in 3 to 5 days.

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.

Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trademarks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe.

Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.

Subjects:
Intellectual Property Law
Contents:
Introduction
Henning Hartwig
PART I: FOUNDATIONS
1. Requirements for Design Protection: Global Commonalities
Bernard Volken
2. Trends in Functionality Jurisprudence: U.S. and E.U. Design Law
Jason Du Mont/Mark D. Janis
3. Easier to See than to Say: Catching the Elusive Spirit of Design in a Net of Words
David Musker
PART II: METHODOLOGICAL PERSPECTIVES
4. Reciprocity in European Design Law
Henning Hartwig
5. Design Rights and Designer’s Rights in the EU
Anna Tischner
6. Enablement and Indefiniteness in U.S. Design Patents after In re Maatita and Ex parte Kaufman
Margaret Polson
PART III: ESTABLISHING AND ENFORCING PROTECTION
7. Protection of Designs on the Basis of Use
Estelle Derclaye
8. Claiming Priority under the Community Design Scheme
Henning Hartwig
9. Enforcing Design Rights throughout Europe
Annette Kur
PART IV: CRITICAL ISSUES
10. Protection of Spare Parts in Design Law: A Comparative Law Analysis
Annette Kur and Ádám György
11. Design Protection for Graphical User Interfaces
Tracy-Gene G. Durkin
12. ‘Mast-Jägermeister’ before the Court of Justice of the EU: What the Outcome Really Means
Henning Hartwig
PART V: TRANSNATIONAL AND COMPARATIVE DIMENSIONS
13. International Design Law Policies: Present and Future
Robert Mirko Stutz
14. Three-Dimensional Trade Marks and Designs: Comparison and Conflict
Alexander von Mühlendahl
15. Cross-border Copyright Protection in Europe
Uma Suthersanen
16. How Different is Different? Modern Neuroscience and its Impact on Design Law
Charles Lee Mauro and Christopher Daniel Morley
Index