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Vol 25 No 1 Jan/Feb 2020

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European Union Design Law: A Practitioner's Guide 2nd ed

ISBN13: 9780198719298
New Edition ISBN: 9780198844846
Previous Edition ISBN: 9780199645176
Published: January 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £185.00

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Over ten years after the beginning of the Community Registered Designs system of the European Union (EU), the Office for Harmonization in the Internal Market (OHIM) and European courts continue to grapple with many of the new legal concepts introduced, making this a complex and fluctuating area of law.

This new edition of the highly-respected English-language text offers a concise, accessible and highly readable volume covering the complete design law of the European Union. It offers a concise history of the legislation's development and aims, tracing the introduction of fundamental changes to the protection of industrial and ornamental designs throughout the EU.

This is followed by a detailed and comprehensive examination of the interpretations provided by the OHIM, Court of Justice and General Court, and the Community Design Courts of EU Member States. The book quotes primary legal provisions in context, supported by extensive citation of case law from the OHIM and many European jurisdictions.

Chapters cover topics including the definition of terms, the system of courts and tribunals with jurisdiction for Community Design disputes, overlap with other intellectual property rights, exclusions from protection, the unification of design rights across the EU, the right to the Community Design, assessment and invalidity of prior design and novelty arguments, the procedure of the OHIM, infringement and applicable defences, jurisdictional issues, and the Design Directive.

European Design Law: A Practitioner's Guide is an essential reference text for practitioners throughout the European Community.

Intellectual Property Law
1. Historical Introduction
2. Aims of the EU-Wide Legislation
3. The System of Courts and Tribunals with Jurisdiction for Community Design Disputes
4. Definitions
5. Cumulative Effect with Other Property Rights
6. Exclusions From Protection
7. Unitary Character of EU-Wide Design Rights and Territorial Effect
8. Right to the Community Design
9. Prior Designs
10. Novelty
11. Individual Character
12. Grounds For Invalidity
13. OHIM
14. RCDs
15. International Registrations
16. Invalidity Proceedings Before OHIM
17. Unregistered Community Designs
18. Infringement
19. Defences to Infringement
20. Remedies
21. Jurisdiction
22. Two Case Studies
23. The Design Directive