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Design Law: Global Law and Practice

Design Law: Global Law and Practice

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800886513
  • 出版时间 September 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,761.25

¥2,678.42 Save ¥82.83 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.

    Key Features:

    • Insights from experienced practitioners and subject matter experts
    • Examination of key jurisdictional issues in Design Law, including practice suggestions
    • Comparative legal analysis of the design laws in countries spanning Asia, Australasia, Europe and North America
    • Exposition of key concepts in Design Law, including aesthetic creative freedom, cumulative protection and spare parts
    • Coverage of complex, developing issues such as the protection of AI-generated works and the reframing of design law to align with the goals of the circular economy

    Highly practical and authoritative, Design Law is indispensable for legal professionals practising in intellectual property law and international commercial law. Written in an accessible style, this book is also of interest to legal scholars and law students interested in design, intellectual property, and fashion law.

  • Preface xxvii
    Introduction to Design Law 1
    Dana Beldiman

    PART I. DESIGN LAWS AROUND THE WORLD COUNTRY-BY-COUNTRY
    1.
    Overview of industrial design protection in Australia 27
    Stuart Irvine and Carl Harrap
    2.
    Industrial design law in Canada – 2024 77
    Robert Storey, Adam Bobker, Matthew Graff and James Raakman
    3.
    Design law in China 108
    Paolo Beconcini
    4.
    Industrial design law in France 156
    Catherine Mateu
    5.
    Industrial design law in Italy 181
    Marco F. Francetti and Matteo Mozzi
    6.
    Industrial design in India 206
    Shwetasree Majumder and Eva Bishwal
    7.
    Industrial design law in Japan 231
    Taketo Nasu
    8.
    Design Protection in the Nordic Countries (Denmark, Finland and Sweden) 262
    Teemu Matikainen, Jens Schovsbo and Marcus Norrgård
    9.
    Design patent law in the United States 291
    Elizabeth Ferrill, Kelly Horn, William Neer and Troy Viger
    10.
    Design law at the crossroads - a post-Brexit review of design protection in the UK 336
    Jane Cornwell and Lynne Chave
    11.
    Design prosecution before the EUIPO and the Court of Justice of the EU 377
    Henning Hartwig

    PART II. INTERNATIONAL TREATIES AND JURISDICTION
    12.
    The functioning of the African Regional Intellectual Property Organisation (ARIPO) for industrial design registration: realities and possibilities 427
    Chijioke Okorie
    13.
    The Draft Design Law Treaty’s forbidden words 441
    Margo A. Bagley
    14.
    Multistate infringement of design rights: jurisdiction and applicable law – the European approach 455
    Alexander von Mühlendahl

    PART III. PRESENT-DAY AND FUTURE TRENDS IN DESIGN LAW
    15.
    Redesigning design protection: The problem of overlap 484
    Shubha Ghosh
    16.
    Prior art in EU design law and its worldwide implications – taking advantage of flexibilities or being obstructed by ambiguities 503
    Lavinia Brancusi
    17.
    The concept of aesthetic creative freedom in design, copyright, and trademark law – a European
    perspective 541
    Henning Hartwig
    18.
    Fashion and design law 582
    Ulrika Wennersten, Laurent Manderieux and Patricia Covarrubia

    PART IV. THE WAY FORWARD – A LOOK AT THE FUTURE
    19.
    Artificial intelligence and EU design law 612
    Mikko Antikainen and Heidi Härkönen
    20.
    Designing for the European Green Deal – A supplementary protection regime for circular designs in the EU 651
    Dana Beldiman, Stina Teilmann-Lock and Anna Tischner

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