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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.
Edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany
Contents:Introduction to the Research Handbook on Design Law xxivHenning HartwigPART I FOUNDATIONS1. Requirements for Design Protection: Global Commonalities 2Bernard Volken2. Trends in Functionality Jurisprudence: U.S. and E.U. Design Law 30Jason Du Mont/Mark D. Janis3. Easier to See than to Say: Catching the Elusive Spirit of Design in a Net ofWords 77David Musker PART II METHODOLOGICAL PERSPECTIVES4. Reciprocity in European Design Law 119Henning Hartwig5. Design Rights and Designer’s Rights in the EU 169Anna Tischner6. Enablement and Indefiniteness in U.S. Design Patents after In re Maatitaand Ex parte Kaufman 207Margaret Polson PART III: ESTABLISHING AND ENFORCING PROTECTION7. Protection of Designs on the Basis of Use 232Estelle Derclaye8. Claiming Priority under the Community Design Scheme 250Henning Hartwig9. Enforcing Design Rights throughout Europe 283Annette KurPART IV: CRITICAL ISSUES10. Protection of Spare Parts in Design Law: A Comparative LawAnalysis 304Annette Kur and Ádám György11. Design Protection for Graphical User Interfaces 345Tracy-Gene G. Durkin12. ‘Mast-Jägermeister’ before the Court of Justice of the EU: What theOutcome Really Means 378Henning HartwigPART V TRANSNATIONAL AND COMPARATIVE DIMENSIONS13. International Design Law Policies: Present and Future 405Robert Mirko Stutz14. Three-Dimensional Trade Marks and Designs: Comparison and Conflict 441Alexander von Mühlendahl15. Cross-border Copyright Protection in Europe 482Uma Suthersanen16. How Different is Different? Modern Neuroscience and its Impact on DesignLaw 507Charles Lee Mauro and Christopher Daniel MorleyIndex 550
‘There is much to learn on design law from this authoritative 556-page compendium. Policy authorities, Industrial Property offices’ examiners, patent attorneys, trademark attorneys, judges, and any readers interested in the legal portrait of designs and on the interplay of designs with other IPRs will find that the photos, figures, and drawings of designs illustrating several chapters render this encyclopedic Handbook even more useful.’
