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OverviewOver 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 OHIM, the 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 Court of Justice, 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 right to the Community design, interpreting designs, disclosure, invalidity of prior design and novelty arguments, the procedure of OHIM, infringement and applicable defences, jurisdictional issues, and the Design Directive. European Union Design Law: A Practitioners' Guide is an essential reference text for practitioners throughout the European Union and beyond. Full Product DetailsAuthor: David Stone (Partner, Partner, Allen & Overy)Publisher: Oxford University Press Imprint: Oxford University Press Edition: 2nd Revised edition Dimensions: Width: 18.50cm , Height: 4.50cm , Length: 24.70cm Weight: 0.001kg ISBN: 9780198719298ISBN 10: 0198719299 Pages: 732 Publication Date: 21 January 2016 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of Contents1: 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 DirectiveReviewswonderful... very readable IPKat insightful... little of importance untouched... an essential case preparation tool for design litigators ITMA Journal a very straightforward and practical guide... tremendously useful to many practitioners throughout the European Community JIPLP Writing an authoritative overview of a field of law, particularly for a harmonised EU right which generates decisions in many languages from Community Design courts across Europe, is a tall enough order. Doing so in a manner that is entertaining to read, opinionated and passionate is rare indeed. [] As a practical reference work, to discover which areas of law are settled and incontrovertible, which are uncertain, and which are wrongly decided, this book is unequalled. As a serious and yet entertaining read on IP law, it is up there with the best. David Brophy, The IPKat an accessible yet detailed guide... Stone's concise, precise and yet eloquent writing style makes this guide the go-to reference handbook for anyone interested in Community design law... a wonderfully detailed guide which should be on the desk of every practitioner, student and design right enthusiast IPQ David Stones book covers all important aspects of EU design legislation and case law in detail, offering practical guidance to all practitioners throughout the EU and beyond. All of this makes David Stones book the handbook on EU design law and a must-have for all practitioners. Peter Lukacsi, European Intellectual Property Review. wonderful... very readable IPKat insightful... little of importance untouched... an essential case preparation tool for design litigators ITMA Journal a very straightforward and practical guide... tremendously useful to many practitioners throughout the European Community JIPLP an accessible yet detailed guide... Stone's concise, precise and yet eloquent writing style makes this guide the go-to reference handbook for anyone interested in Community design law... a wonderfully detailed guide which should be on the desk of every practitioner, student and design right enthusiast IPQ Author InformationDavid Stone is a Partner at Allen & Overy, specialising in intellectual property matters, with particular expertise in trade marks, copyright and registered and unregistered designs. Tab Content 6Author Website:Countries AvailableAll regions |
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