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The EU Design Approach

A Global Appraisal

Format: Hardback
Publisher: Edward Elgar Publishing Ltd, Cheltenham, United Kingdom
Published: 30th Nov 2018
Dimensions: w 156mm h 235mm d 21mm
Weight: 555g
ISBN-10: 1785364138
ISBN-13: 9781785364136
Barcode No: 9781785364136
Synopsis
EU legislation for the protection of designs has been described as a 'third way' in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU's unique Design Approach; assessing its formation, development and impact over the past decade. The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some ongoing points of contention. IP scholars will find this book to be a valuable resource of historical and comparative analysis. Practicing IP lawyers and policy makers will also benefit from the inclusion of up-to-date EU and national case law.

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What Reviewers Are Saying

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Mar 16th 2019, 19:59
AN IMPORTANT CONTRIBUTION TOWARDS DESIGN PROTECTION IN THE 21st CENTURY
Awesome - 10 out of 10
AN IMPORTANT CONTRIBUTION TOWARDS DESIGN PROTECTION IN THE 21st CENTURY

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”

EU legislation for the protection of designs has been described by some experts as a ‘third way’ in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU’s unique Design Approach; assessing its formation, development and impact over the past decade.

As the result of a Directive from 1998 and a Regulation in 2001, all member states have provided for harmonized national systems for the protection of design together with “a pan-EU design protection scheme”. The resulting book states its aim as “defining and demarcating the unique place for industrial design in the spectrum of intellectual property law, allowing the legislator to overcome the copyright v. patent approach dilemma”.

The editors go on to state that in order to do so, the EU model has “combined well known concepts with true legal innovations such as the Unregistered Community Design and novel protection criteria such as individual character”.

So, what we get as practitioners from “The EU Design Approach” is an exploration by the ten contributors of “the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception.

These contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law depending on what you might be looking for with your own practice.

Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, we felt that this book demonstrated that the Design Approach has been largely successful in its aims despite there being some on-going points of contention. The result is that IP practitioners will find this book to be a valuable resource of historical and comparative analysis. Practising IP lawyers as policy makers will also benefit from the inclusion of up to date EU and national case law.

It should be noted that the ebook version is priced from £22/$31 from google play, the ebooks website, and other ebook vendors, while in print the book can be ordered from the Elgar website.

The book was first published on 15th August 2018 and is also available as an ebook.
Newspapers & Magazines
'While The EU Design Approach is primarily aimed at a European audience and provides a well written, informative and comprehensive discussion of EU design law, local readers particularly those involved in research and policy development should find this a valuable resource....to the extent that they are all brought together in a single package perhaps it is unique.' -- Raymond Hind, Intellectual Property Forum: the journal of The Intellectual Property Society of Australia and New Zealand 'This book is valuable both for the inexperienced and for the experts. Despite being written by many authors, it manages to be a cohesive piece of scholarship, critically explaining the current law and proposing a way forward. It is a recommended reading for anyone dealing with design law.' -- Nuno Sousa e Silva, Journal of Intellectual Property Law & Practice 'IP practitioners will find this book to be a valuable resource of historical and comparative analysis. Practising IP lawyers as policy makers will also benefit from the inclusion of up to date EU and national case law.' -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine