European Union Design Law: A Practitioners Guide

Hardcover | February 20, 2016

byDavid Stone

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Over ten years after the beginning of the Community Registered Designs system of the European Union (EU), the Office for Harmonization in the Internal Market (OHIM) and European courts continue to grapple with many of the new legal concepts introduced, making this a complex and fluctuatingarea of law. This new edition of the highly-respected English-language text offers a concise, accessible and highly readable volume covering the complete design law of the European Union. It offers a concise history of the legislation's development and aims, tracing the introduction of fundamental changes to the protection of industrial and ornamental designs throughout the EU. This is followed by a detailed and comprehensive examination of the interpretations provided by OHIM, theCourt of Justice and General Court, and the Community Design Courts of EU Member States. The book quotes primary legal provisions in context, supported by extensive citation of case law from the Court of Justice, OHIM and many European jurisdictions.Chapters cover topics including the definition of terms, the system of courts and tribunals with jurisdiction for Community design disputes, overlap with other intellectual property rights, exclusions from protection, the right to the Community design, interpreting designs, disclosure, invalidity ofprior design and novelty arguments, the procedure of OHIM, infringement and applicable defences, jurisdictional issues, and the Design Directive. European Union Design Law: A Practitioners' Guide is an essential reference text for practitioners throughout the European Union and beyond.

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From the Publisher

Over ten years after the beginning of the Community Registered Designs system of the European Union (EU), the Office for Harmonization in the Internal Market (OHIM) and European courts continue to grapple with many of the new legal concepts introduced, making this a complex and fluctuatingarea of law. This new edition of the highly-res...

David Stone is a Partner at Simmons and Simmons, specialising in intellectual property matters, with particular expertise in trade marks, copyright and registered and unregistered designs.

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Format:HardcoverDimensions:736 pagesPublished:February 20, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198719299

ISBN - 13:9780198719298

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Table of Contents

1. Historical Introduction2. Aims of the EU-Wide Legislation3. The System of Courts and Tribunals with Jurisdiction for Community Design Disputes4. Definitions5. Cumulative Effect with Other Property Rights6. Exclusions From Protection7. Unitary Character of EU-Wide Design Rights and Territorial Effect8. Right to the Community Design9. Prior Designs10. Novelty11. Individual Character12. Grounds For Invalidity13. OHIM14. RCDs15. International Registrations16. Invalidity Proceedings Before OHIM17. Unregistered Community Designs18. Infringement19. Defences to Infringement20. Remedies21. Jurisdiction22. Two Case Studies23. The Design Directive

Editorial Reviews

"an accessible yet detailed guide... Stone's concise, precise and yet eloquent writing style makes this guide the go-to reference handbook for anyone interested in Community design law... a wonderfully detailed guide which should be on the desk of every practitioner, student and design rightenthusiast" --IPQ