The Design Directive

Author(s):  
David Stone
Keyword(s):  

No discussion of European Union design law would be complete without an examination of the Directive. Many of the substantive provisions of the Directive mirror those in the Regulation—indeed, the reverse is more accurate as the Directive was adopted first. These substantive provisions are examined in the preceding chapters. This chapter deals with those provisions of the Directive that are not also found in the Regulation.

Author(s):  
David Stone
Keyword(s):  

Actions for infringement lie at the heart of European Union design law (including national (and Benelux) registered design law under the Directive). In order to provide the ‘enhanced protection’ required by Recital 7 of the Regulation, courts must be willing to find infringement of valid design rights—why else provide for them?


Author(s):  
David Stone

Interest in an EU-wide design law dates back to the origins of the European Union. Realizing that early dream, however, has taken many decades. This chapter provides a brief overview of the history of the adoption of Directive (EC) 98/71 of 13 October 1998 on the legal protection of designs (the Directive) and Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs (the Regulation), and the main debates that stymied their progress.


Author(s):  
David Stone

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 fluctuating area 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, the Court 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 of prior 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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