The EU Design Approach: A Global Appraisal

EU legislation for the protection of designs has been described as a 'third way’'in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU's unique Design Approach; assessing its formation, development and impact over the past decade.The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some on-going points of contention. IP scholars will find this book to be a valuable resource of historical and comparative analysis. Practicing IP lawyers and policy makers will also benefit from the inclusion of up to date EU and national case law. Contributors include: G. Dinwoodie, S. Dogan, P. Fabbio, F. Kur, M. Levin, A. Ohly, J. Schovsbo, S. Teilmann-Lock, Q. Yin, W. Zhang

Table of Contents:
Contents : Preface Annette Kur, Marianne Levin and Jens Schovsbo 1. The Design Approach Revisited: Background and Meaning Annette Kur and Marianne Levin 2. The Design Approach in a Design Historical Perspective Stina Theilmann-Lock 3. The Harmonising Decisions from Luxembourg Marianne Levin 4. Copyright protection for design creations Philipp Fabbio 5. “Buy me because I’m cool”: the “marketing approach” and the overlap be-tween design, Trade mark and unfair competition law Ansgar Ohly 6. Design Protection for Products That are “Dictated by Function” Graeme Dinwoodie and Jens Schovsbo 7. The Design Approach and Procedural Practice – Mismatch or Smooth Transposition? Annette Kur 8. From Law in the Books to Enforcement in Court: Jurisdiction, Applicable Law, and Sanctions Annette Kur 9. Greeted with a Shrug: The Impact of the Community Design System on United States Law Stacy Dogan 10. Legal Protection of Industrial Designs in ChinaC YIN Qile and ZHANG Weijun) 11. Concluding Remarks and Perspectives Annette Kur, Marianne Levin and Jens Schovsbo) Index

About the Author :
Edited by Annette Kur, Professor, Max Planck Institute for Innovation and Competition (retired), Munich, Germany, Marianne Levin, Professor, Department of Law, Stockholm University, Sweden and Jens Schovsbo, dr.jur., PhD, Professor of Intellectual Property Law, Center for Information and Innovation Law (CIIR), University of Copenhagen, Denmark

Review :
‘The collection is a valuable resource of historical and comparative analysis - well written and most enjoyable also because of the authors’ colourful style and language. It is highly recommended not only to IP scholars and policymakers but also, and particularly, to practitioners in the EU and beyond.’ ‘This edited volume is a rare and valuable contribution to the understanding of a subject that both intellectual property scholars and practitioners would be advised to better understand.’ ‘While The EU Design Approach is primarily aimed at a European audience and provides a well written, informative and comprehensive discussion of EU design law, local readers particularly those involved in research and policy development should find this a valuable resource . . . to the extent that they are all brought together in a single package perhaps it is unique.’ ‘This book is valuable both for the inexperienced and for the experts. Despite being written by many authors, it manages to be a cohesive piece of scholarship, critically explaining the current law and proposing a way forward. It is a recommended reading for anyone dealing with design law.’