scholarly journals Functional Locking Modules for Design Protection of Intellectual Property Cores

Author(s):  
Brice Colombier ◽  
Lilian Bossuet
Author(s):  
Barton Beebe

This chapter surveys the legal protection of industrial designs, understood as the protection of the appearance of articles of manufacture. It discusses the definition of “design” according to both the European Union (EU) and the United States (US). It examines the international instruments that form the foundation of industrial design law, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Paris Convention, and the Berne Convention, among others. It then focuses on the various areas of intellectual property (IP) law that make up design law, including sui generis design protection law, patent law, copyright law, and trademark law among others, with particular attention on these aspects of design law as they feature in the US and the EU.


2021 ◽  
Vol 65 (04) ◽  
pp. 174-177
Author(s):  
Gunay Mustafa Mammadova Gunay Mustafa Mammadova ◽  

Industrial design plays an important role in the field of intellectual property. There is no doubt that design is crucial to the success of a product. For this reason, companies use intellectual property laws to protect industrial design. This article covers one of the most important areas of intellectual property, legal protection of industrial designs, legal regulation of industrial design in Azerbaijan and the European Union. There should be accessible, modern and effective legal protections for design rights to encourage manufacturers to invest in designs. There is currently a wide range of legal tools available to protect designs at the national and European Union levels. Key words: industrial design, intellectual propert law, design protection, product, industry


2008 ◽  
Vol 15 (3) ◽  
pp. 271-296 ◽  
Author(s):  
Josephine Asmah

AbstractDefining the relationship between folklore and intellectual property continues to be an ongoing debate. Some challenges in defining this relationship center on the main characteristics of intellectual property, namely, the eligibility criteria and limited protection period that make the current construction of intellectual property incompatible with folklore protection. However, countries like Ghana have been using the intellectual property system as one of its tools to protect folklore. This article focuses on traditional textile design protection in Ghana, establishing the importance and significance of these designs in Ghana's history and culture and why Ghana is determined to protect these designs. After examining Ghana's efforts and the obstacles in its path as it uses the intellectual property law system to protect traditional textile designs, the article argues that there should be regional cooperation and international protection to strengthen individual national efforts.


Author(s):  
Олександр Дорошенко ◽  
Людмила Работягова

The article discusses the main provisions of the institution of intellectual property law — an unregistered industrial design, which was introduced into the legislation of Ukraine through the implementation of the provisions of Art. 212–217 Chapter 9 «Intellectual Property» ofthe Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and harmonization with the norms of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs and Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.The authors analyzed the main features of the legal protection of industrial designs as unregistered industrial designs, namely: without registration for a short period of time, with a limited scope of rights. The legal regulation of the protection of an unregistered industrial design in Ukraine is similar to the legal regulation of an unregistered industrialdesign of the Community and has the same advantages and  disadvantages.Since the Community Design Regulation came into force, one important question has always lingered: can a design which is first disclosed outside the EU territory be protected by an unregistered Community design right when it is subsequently disclosed within the EU? The UK court’s recent reference to the Court of Justice of the European Union may finally will answer this question. The same question arises in relation to an unregistered industrial design in accordance with the new legislation ofUkraine and requires further clarification in law enforcement practice.Of equal interest is a date for assessing the novelty of a design. Is the date for assessing the novelty of a design for which unregistered Community design protection is the date on which the unregistered Community design protection for the design came into being according to the Regulation, or alternatively the date on which the relevantevent of disclosure of the design could reasonably have become known in the normal course of business to the circles specialized in the sector concerned, operating within the Community, or alternatively some other, and if so, which date?


2021 ◽  
Vol 16 (8) ◽  
pp. 80-88
Author(s):  
A. G. Koroleva

Most legal orders establish several forms of design protection that are not mutually exclusive. At the same time, the intersection of legal regimes gives rise to a number of practical and doctrinal problems related to the determination of the scope of the author’s and rightholder’s rights, the unfair behavior of participants in civil transactions, and the erosion of the institutional purpose of intellectual property objects. The main task of the study is to draw a meaningful border between the two forms of protection of industrial design objects. The paper elucidates the basic concepts of understanding an industrial design, the functions and features of the activity under consideration, the relationship with the category of "art," examines the formation and development of legal thought about the relationship between copyright and patent forms of protection of the results of artistic design. It is concluded that it is necessary to make proposals and recommendations to eliminate unfair practices in the exercise of the right to protect the results of creative activity under consideration.


2021 ◽  
Vol 59 (2) ◽  
pp. 161-176
Author(s):  
Nikola Milosavljević

The changes that have occurred in the European Union design protection law have essentially modified the very notion of industrial design, and the function that it has on the market became more emphasized. Therefore, the nature of the industrial design became more similar to the nature of the trademark, which makes it possible for us to analyse their correlation. In the following paper the author examines the definition and the nature of industrial design using the comparative and historical scientific method. Then he compares the industrial design to a trademark by examining resemblance, differences, and overlap regarding the legal protection of these intellectual property rights. The purpose of such a paper is to make conclusion about the polyvalent nature of industrial design and explore if there are some functions of industrial design in the market that have not been attributed to it so far.


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