European Union Design Law - A Practitioner's Guide - Second Edition

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 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. - Written in an economical and entertaining style, with clear organisation of information for quick reference. - Detailed and critical analysis of settled law, areas of limited jurisprudence, early decisions which arguably contain errors, and areas where the law must be deduced from the legislative text alone. - Adopts a practical approach throughout, with guidance on key problems such as how to interpret Community designs, assessing 'overall impression', and identifying the 'informed user'. New to this Edition: - All court of Justice and General Court decisions since the publication of the last edition, including Karen Millen, Gautzsch Grosshandel, Beifa, Puma, Tubes Radiatori, El Hogar, Gandia Blasco, Sachi, Biscuits Poult, Group Nivelles, Senz, Cezar, Aic, and Argo. - New helpful summaries of the state of the law on key issues, such as the informed user, design freedom and overall impression. - The Apple v Samsung case study has been updated beyond the provisional measures hearings to include all the judgements in the tablet design dispute, including the historic publication order decision in the Court of Appeal of England and Wales. - A new chapter on interpreting a design provides guidance and clarity on dotted lines and other drafting conventions. - Images throughout, included for the first time, illustrate debates over individual character.

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