European Union Design Law

A Practitioners' Guide

David Stone (Partner, Partner, Allen & Overy)

$648

Hardback

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English

Oxford University Press
04 February 2016

Trademarks law; Designs law

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.

By: David Stone (Partner Partner Allen & Overy)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 247mm, Width: 185mm, Spine: 45mm
Weight: 1.421kg
ISBN: 9780198719298
ISBN 10: 0198719299
Pages: 732
Publication Date: 04 February 2016
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

David Stone is a Partner at Allen & Overy, specialising in intellectual property matters, with particular expertise in trade marks, copyright and registered and unregistered designs.

Reviews for European Union Design Law: A Practitioners' Guide

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.