Recent years have seen many fundamental changes in European designs law, including the emergence of the Designs Directive in 1998 and the Designs Regulation in 2001. These pieces of legislation introduce major changes to the protection of industrial and ornamental designs throughout the European Union. Many issues covered in the legislation remain unlitigated, or guidance has not yet been provided by superior tribunals. European Union Design Law provides a much-needed guide to the new law and practice. Beginning with a short history of the development of the legislation, Stone moves on to a detailed examination of the interpretation provided by OHIM, the Court of Justice and the General Court, and the Community Design Courts of the EU Member States. Separate chapters deal with RCD filing and invalidity, unregistered Community designs, the implementation of the Designs Directive by the member states, and the complex jurisdictional web for enforcing pan-EU rights.
Rezensionen / Stimmen
The author's scholarly and practical approach to this important subject should establish this volume as an indispensable acquisition for all practitioners, particularly those specializing in intellectual property. Phillip Taylor, Amazon Stone's wide-ranging use of national and European case law to back up his positions makes the book a trove of useful information for anyone interested in design law ... More than that, though, the book is a pleasure to read. Stone has shown himself to be an able and accomplished guide. Angela Fox, ITMA Insider With his superb writing style and astonishing economy of words, David has managed in an incredibly short book to fully explain the whole law, making it clear in magisterially concise manner whether he is describing settled law, law in flux, law where there is still room for doubt, or (as happens not infrequently) law where he considers that some existing decisions are in error. The reader is left in no doubt as to David's view on every single issue, and will have cause to disagree with him only very occasionally. Darren Smyth, IPKat weblog If you have any interest in design law and were not lucky enough to get a review copy, go and buy it! Darren Smyth, IPKat weblog this comprehensive review of Community design law will be a very welcome addition to many practitioners' bookshelves. Giles Parsons, Journal of IntellectualProperty Law and Practice
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 252 mm
Breite: 174 mm
Dicke: 31 mm
Gewicht
ISBN-13
978-0-19-964517-6 (9780199645176)
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Schweitzer Klassifikation
David Stone is a partner at Simmons and Simmons in London and an expert on design law. He also chairs the designs team of MARQUES (the Association of European Trade Mark Owners) and is author of three MARQUES reports on OHIM Registered Community Designs invalidity decisions. He has lectured on design law on four continents. He is also a contributor to OUP's Journal of Intellectual Property Law & Practice.
1. Historical Introduction ; 2. Aims of the European Union Wide Legislation ; 3. The System of Courts and Tribunals with Jurisdiction for Community Design Disputes ; 4. Definitions ; 5. Cumulative Effect with other Intellectual Property Rights ; 6. Exclusions from Protection ; 7. Unitary Character of European Union-Wide Design Rights and Territorial Effect ; 8. Right to the Community Design ; 9. Prior Designs ; 10. Novelty ; 11. Individual Character ; 12. Grounds for Invalidity ; 13. OHIM ; 14. RCDs ; 15. International Registrations ; 16. Invalidity Proceedings before OHIM ; 17. Unregistered Community Designs ; 18. Infringement ; 19. Defences to Infringement ; 20. Remedies ; 21. Jurisdiction ; 22. Two Case Studies ; 23. The Design Directive
