Become a Successful Designer - Protect and Manage Your Design Rights Internationally
Protect and Manage Your Design Rights Internationally
1st Edition
Published on 5. November 2012
344 pages
978-3-0346-1087-2 (ISBN)
Description
An easy-to-understand guide for designers on the legal topics that deeply affect their everyday professional activities, Become a Successful Designer provides designers with ways to protect and handle their intellectual property rights. Focus groups are all kinds of designers of the product, furniture, interior, fashion, textile, communications, graphics, and computational design areas. The authors Joachim Kobuss, Alexander Bretz and Arian Hassani explain the legal framework and the possibilities to act in that field from a completely new point of view. The law and its effects on the individual designer are described in the context of designers' everyday practice. Here, the legal aspects of design do not appear in incomprehensible legalese but are rather shown as a strategic instrument for designers which can be fun to handle. All topics are discussed from an international and general viewpoint - due to the increasing globalization in the design fields.
More details
Language
English
Place of publication
Basel/Berlin/Boston
Switzerland
Publishing group
Birkhäuser Verlag GmbH
Target group
Professional and scholarly
US School Grade: College Graduate Student
Illustrations
3 Abbildungen
3 ill.
File size
8,50 MB
ISBN-13
978-3-0346-1087-2 (9783034610872)
DOI
http://www.degruyter.com/isbn/9783034610872
Schweitzer Classification
Other editions
Additional editions
Joachim Kobuss | Alexander Bretz | Arian Hassani
Become a Successful Designer - Protect and Manage Your Design Rights Internationally
Protect and Manage Your Design Rights Internationally
Book
10/2012
1st Edition
Birkhäuser Verlag GmbH
€32.95
Article exhausted; check different version
Persons
Joachim Kobuss, Coach and Scout to designers and entrepreneurs; Alexander Bretz, lecturer ESMOD Berlin and JAK Modedesign, Hamburg.
Content
- Intro
- Preface
- Introduction
- Part I Exploiting rights
- 1 The legal framework for design in a globalized economy
- 1.1 Creativity, law, and money
- 1.2 Intellectual property rights relevant to designers
- 1.3 International legal relations
- 2 Why successful designers don't need intellectual property rights
- 2.1 Shared space: A project
- 2.2 Places without protection
- 2.3 How to design without intellectual property rights
- 2.4 Learning from those without rights
- 2.5 Intellectual property rights vs. competitive environment
- 3 Principles for survival
- 3.1 Margin of assessment
- 3.2 What if your designs are copied?
- 3.3 What if you're accused of copying?
- 3.4 So what does it cost?
- 3.5 Arbitration and mediation
- 3.6 Legal expenses, insurance, and financing of legal proceedings
- Checklist for cease and desist letters
- 4 How the law applies to the different design fields
- 4.1 The design disciplines: distinct, yet overlapping
- 4.2 Communication design
- 4.3 Industrial and product design
- 4.4 Interior design
- 4.5 Fashion and textile design
- 5 Negotiating contracts
- 5.1 Your attitude, predisposition, and skills
- 5.2 Negotiation techniques in practice
- 5.3 Negotiating contracts: some real life examples
- 5.4 Typical negotiation situations and how you should handle them
- 5.5 Your positive potential for aggression
- 6 The value of intellectual property rights
- 6.1 When is the value of intellectual property rights assessed?
- 6.2 Intellectual property rights on the balance sheet
- 6.3 Using licensing contracts as a basis for value assessment
- 6.4 Assessing the value of intellectual property rights in partnership agreements
- 6.5 Trademark protection through a demerger
- 6.6 Licensing agreements and insolvency
- 6.7 Trademark licenses and abstract licenses
- 6.8 Using intellectual property rights and licenses as collateral
- Part II Creating rights
- 7 Design and product-affiliated rights - copyright and design rights
- 7.1 What you need to know about designs and products
- 7.2 Copyright
- 7.3 Design patent
- 7.4 Registered and unregistered design rights (EU only)
- 7.5 Design and product-affiliated rights worldwide Checklist for design and product-affiliated rights
- 8 Brand-affiliated rights - protecting trademarks and trade names
- 8.1 Trade names: so what's in a name?
- 8.2 The trademark
- 8.3 Brand-affiliated rights worldwide
- Checklist for brand-affiliated rights
- 9 Activity-related rights - provisions in competition law
- 9.1 Trade secrets: protecting yourselfwhen pitching and presenting
- 9.2 Palming off: the trademark's tough little sister
- 9.3 Cybersquatting: the rules of the game in conflicts over domain names
- 9.4 Misuse of patent and copyright as an issue of antitrust laws
- 9.5 Laws against unfair competition worldwide
- 10 Technical rights for designers - patents and utility models
- 10.1 Patents
- 10.2 Utility model
- 10.3 Patents worldwide
- Part III Wording contracts
- 11 The search for the ideal contract
- 11.1 The contract as concept
- 11.2 Law and Economics
- 11.3 Sample contracts
- 11.4 Customization of the legal consequences
- Checklist for presentations
- 12 Defining your services in contracts
- 12.1 The range of services
- 12.2 Development of the design
- 12.3 Granting of usage rights
- 12.4 Client consultation
- 12.5 Mediation activities
- 12.6 Reimbursement of expenses
- 13 Calculating your fees
- 13.1 The range of fee-based services
- 13.2 The design fee
- 13.3 The usage fee
- 13.4 The consultation fee
- 13.5 Your commission for mediation services
- 13.6 Reimbursement of expenses
- 13.7 The special case pitch fee
- 14 Terms and conditions at your service
- 14.1 What are "Terms and conditions"?
- 14.2 Terms and conditions for contracts of sale
- 14.3 The design contract
- 15 Liability and claims
- 15.1 Avoiding liability - an example
- 15.2 Contractual obligations
- 15.3 Liability for design
- 15.4 Typical liability risks for designers
- 16 International business transactions
- 16.1 The basics
- 16.2 Defining the international jurisdiction and applicable law in your contract
- 16.3 Is arbitration the solution?
- 17 Anatomy of a design contract
- 17.1 Purpose
- 17.2 License
- 17.3 Term
- 17.4 Compensation
- 17.5 Record inspection and audit
- 17.6 Warranties, acknowledgements and obligations
- 17.7 Samples
- 17.8 Copyright
- 17.9 Termination
- 17.10 Post-Termination rights
- 17.11 Infringements
- 17.12 Indemnity
- 17.13 Notices
- 17.14 Jurisdictions and disputes
- 17.15 Agreement binding on successors
- 17.16 Assignability
- 17.17 Waiver
- 17.18 Severability
- 17.19 Integration
- 18 The future of intellectual property rights
- 18.1 An internationally harmonized legal system
- 18.2 A uniform IP right for all forms of intellectual property
- 18.3 Protecting solely against commercial usage
- 18.4 Employment of modern information technologies
- Interviews
- Introduction Interviewer
- Anja Engelke
- Alexandra Fischer-Roehler, Johanna Kühl
- Karsten Henze
- Fons Hickmann
- Arik Levy
- Eckart Maise
- Justus Oehler
- Sabine Zentek
- Appendix
- Acknowledgments
- Authors' biographies
- International Survey
- Argentina
- Australia
- Brazil
- Canada
- China
- Denmark EU
- France EU
- Germany EU
- Great Britain EU
- India
- Israel
- Italy EU
- Japan
- Kenya
- Korea
- Latvia EU
- Russia
- South Africa
- Spain EU
- Sweden EU
- Switzerland
- Turkey
- USA
- Glossary of Legal Terms
- Addresses
- Literature
- Index
