scholarly journals The resemblance, differences, and correlation between trademark and industrial design

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.

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


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?


Author(s):  
Bernhard Schima

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.


Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.


2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso

In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.


Author(s):  
Pavlo V. Makushev ◽  
◽  
Andriy V. Khrid�chkin ◽  

The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.


Author(s):  
Kateryna Poturai

The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreement on the alienation of exclusive rights or a license agreement still remains unresolved. At the present stage,the legal regulation of the creation and use of films is further complicated by the fact that many film studios instead of copyright agreementsenter into refit contracts on the creation of films.The author draws attention to the fact that the French legal doctrine does not see any difference between the subject of the contractand the content of the obligation and uses such concepts as synonyms. The French legislator does not give a general concept, whichwould reveal the main features of the copyright agreement. However, the provisions of the French Intellectual Property Code directlyindicate the possibility of assignment of the author’s property rights (succession in a certain part of copyright) on the basis of the cont -ract. In the French literature and in the practice of courts it is unanimously recognized that from the point of view of general civil lawthe assignment of exclusive property copyrights is in principle a civil contract of sale of property, in turn a license is a civil contract ofproperty lease.The author also emphasizes that there is a necessity to regulate the conclusion of copyright agreements with all subjects of a cinematographicwork, which may have intellectual property rights in connection with the creation of such a work.


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