Now in its second edition, Design Law: European Union and United States of America investigates the developing body of case law which has been steadily coming out of the EU Office for Harmonisation in the Internal Market (OHIM) in this area.
Shows how designs can be protected using the entire intellectual property system
Covers the protection of artistic, industrial and functional designs
Deals with protection under copyright, design, competition and utility model laws
Examines protection under EC legislation
Discusses the European Design Regulation, European Design Directive, European Trade Mark Regulation and EU copyright directives
Reviews OHIM case law in depth
Gives guidance on using competition law as a shield against infringement actions
Goes through free movement and market integration in the EU to understand the trade conditions that allow parallel importation
Considers anti-competitive agreements showing how and why these might exist and how to go about challenging them
Shows how parallel importation relates to royalty collecting societies and trade associations, automobile and film distribution
Discusses consent and the burden of proof after Davidoff and explains developments relating to how consent is given for extra-EU imports into the market
Origins and Rationales, Legal Etymology, International Perspectives, Repair Parts: A Law and Economics Perspective. EU: Registered Community Design, Unregistered Community Design, Distinctive Shapes, Trade Marks and Unfair Competition, Copyright and Unfair Competition. USA: Design Patent Law, Copyright Law, Trade Mark and Trade Dress.
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