The Copyright/Design Interface


Book Description

Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.




The Routledge Handbook of EU Copyright Law


Book Description

The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.




A Critical Introduction to Intellectual Property Law


Book Description

This highly accessible and engaging introduction to IP law encourages readers to critically evaluate the ownership of intangible goods. The rigorous pedagogy, featuring many real-world cases, both historical and up-to-date, full colour images, discussion exercises, end-of-chapter questions and activities, allows readers to engage fully with the philosophical concepts foundational of the subject, while also enabling them to independently analyse key cases, texts and materials relevant to IP law in the contemporary world. This innovative textbook, written by one of the leading authorities on the subject, is the ideal route to a full understanding of copyright, patents, designs, trade marks, passing off, remedies and litigation for undergraduate and beginning graduate students in IP law.




Research Handbook on Design Law


Book Description

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.




Basics Interactive Design: Interface Design


Book Description

AVA's Basics Interactive Design titles are designed to provide visual arts student with a theoretical and practical exploration of each of the fundamental topics within the discipline of Interactive Design. Packed with examples from students and professionals and fully illutrated with clear diagrams and inspiring imagery, they offer an essential exploration of the subject. Basics Interactive Design: Interface Design is the first book in the new Basics series. From a visual communication direction, it focuses on the design of effective, user-focused front-end designs for a range of digital media interfaces. Using case studies and interviews to delve deeper, the design of effective visual communication for user interfaces is clearly explained, giving the reader the knowledge needed to design better websites, apps for smartphones and tablts and DVD interfaces.




Industrial Design and Artistic Expression


Book Description

The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. In the last decade, national courts of some Member States conferred to the “cumulative regime” a peculiar meaning, other courts enforced design rights in line with the interpretation given by the Court of Justice of the EU. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.




History of Design and Design Law


Book Description

For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.




Trade Dress and Design Law


Book Description

A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes.




Research Handbook on Empirical Studies in Intellectual Property Law


Book Description

This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.




Intellectual Property Law


Book Description

Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks