Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.
Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trade marks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe.
Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.
Contents:
Introduction to the Research Handbook on Design Law xxiv
Henning Hartwig
PART I FOUNDATIONS
1. Requirements for Design Protection: Global Commonalities 2
Bernard Volken
2. Trends in Functionality Jurisprudence: U.S. and E.U. Design Law 30
Jason Du Mont/Mark D. Janis
3. Easier to See than to Say: Catching the Elusive Spirit of Design in a Net of
Words 77
David Musker
PART II METHODOLOGICAL PERSPECTIVES
4. Reciprocity in European Design Law 119
Henning Hartwig
5. Design Rights and Designer’s Rights in the EU 169
Anna Tischner
6. Enablement and Indefiniteness in U.S. Design Patents after In re Maatita
and Ex parte Kaufman 207
Margaret Polson
PART III: ESTABLISHING AND ENFORCING PROTECTION
7. Protection of Designs on the Basis of Use 232
Estelle Derclaye
8. Claiming Priority under the Community Design Scheme 250
Henning Hartwig
9. Enforcing Design Rights throughout Europe 283
Annette Kur
PART IV: CRITICAL ISSUES
10. Protection of Spare Parts in Design Law: A Comparative Law
Analysis 304
Annette Kur and Ádám György
11. Design Protection for Graphical User Interfaces 345
Tracy-Gene G. Durkin
12. ‘Mast-Jägermeister’ before the Court of Justice of the EU: What the
Outcome Really Means 378
Henning Hartwig
PART V TRANSNATIONAL AND COMPARATIVE DIMENSIONS
13. International Design Law Policies: Present and Future 405
Robert Mirko Stutz
14. Three-Dimensional Trade Marks and Designs: Comparison and Conflict 441
Alexander von Mühlendahl
15. Cross-border Copyright Protection in Europe 482
Uma Suthersanen
16. How Different is Different? Modern Neuroscience and its Impact on Design
Law 507
Charles Lee Mauro and Christopher Daniel Morley
Index 550
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