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Recent years have seen many fundamental changes in European designs law, including the emergence of the Designs Directive in 1998 and the Designs Regulation in 2001. These pieces of legislation introduce major changes to the protection of industrial and ornamental designs throughout the European Union.Many issues covered in the legislation remain unlitigated, or guidance has not yet been provided by superior tribunals. European Union Design Law provides a much-needed guide to the new law and practice. Beginning with a short history of the development of the legislation, Stone moves on to a detailed examination of the interpretation provided by OHIM, the Court of Justice and the General Court, and the Community Design Courts of the EU Member States. Separate chapters deal with RCD filing and invalidity, unregistered Community designs, the implementation of the Designs Directive by the member states, and the complex jurisdictional web for enforcing pan-EU rights.
This text investigates the complex legal framework governing industrial and ornamental design protection within the European Union following the implementation of the 1998 Designs Directive and the 2001 Designs Regulation. David Stone, an expert in intellectual property law, provides a comprehensive analysis of the legislative evolution and the practical application of these regulations. The book synthesizes interpretations from the Office for Harmonization in the Internal Market (OHIM), the Court of Justice, and various national Community Design Courts to clarify the current state of EU design rights.
What You Will Find
Legal practitioners and scholars frequently cite this work as a primary reference for navigating the nuances of EU design law. Experts highlight the text for its ability to provide clarity on unlitigated areas of the legislation where judicial guidance remains sparse.
Page Count:
445
Publication Date:
2013-02-07
Publisher:
Oxford University Press
ISBN-10:
0199645175
ISBN-13:
9780199645176
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