Hardback
Design Law
Global Law and Practice
9781800886513 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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 a valuable reference to legal scholars and law students interested in design, intellectual property, and fashion law.
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 a valuable reference to legal scholars and law students interested in design, intellectual property, and fashion law.
Critical Acclaim
‘Of all of the branches of IP law, design law is the least harmonized. Look no further than the disparity in the names given to design rights in various jurisdictions– design patent, registered design, design model, industrial design, etc. Professor Beldiman has assembled a knowledgeable group of design law experts that span the globe who share insights on, and help bring clarity to, this underdeveloped area of intellectual property. The result of these considerable efforts is a must-have resource for design right practitioners, jurists, and scholars alike.’
– Christopher V. Carani, Esq., McAndrews, Held & Malloy, Ltd, US
‘This insightful book is a valuable resource for anyone interested in understanding the complexities of design law in today''s dynamic world. It expertly explores the impact of digital designs, sustainability concerns, and ongoing legal debates on design protection. With contributions from a global team of experts, the book provides a comprehensive and thought-provoking analysis of international design law. I highly recommend it to practitioners, scholars, policymakers, and anyone seeking to navigate the ever-evolving landscape of design law.’
– Irene Calboli, Texas A&M University School of Law, US
‘Design protection is a vast, chaotic, and puzzling area of law. It is also captivating as fundamental questions lurk here. What aspects of design are protected, how, and for what innovation policy objective? As a result, the law’s existing flexibility enables strategic maneuvering. In Design Law: Global Law and Practice, recognized expert in international and comparative intellectual property Dana Beldiman has carefully curated a set of tight essays that examine comparative and international design protection law as well as the cutting-edge issues that these laws must grapple with. The breadth of the topics combined with the depth of analysis makes this an invaluable resource I will turn to again and again. But, as is true with a successful design, the volume as a whole is greater than the sum of its parts. Trends in the law emerge and the comparative project offers us critical insights for addressing the law’s inherent conundrums.’
– Christine Haight Farley, American University, US
– Christopher V. Carani, Esq., McAndrews, Held & Malloy, Ltd, US
‘This insightful book is a valuable resource for anyone interested in understanding the complexities of design law in today''s dynamic world. It expertly explores the impact of digital designs, sustainability concerns, and ongoing legal debates on design protection. With contributions from a global team of experts, the book provides a comprehensive and thought-provoking analysis of international design law. I highly recommend it to practitioners, scholars, policymakers, and anyone seeking to navigate the ever-evolving landscape of design law.’
– Irene Calboli, Texas A&M University School of Law, US
‘Design protection is a vast, chaotic, and puzzling area of law. It is also captivating as fundamental questions lurk here. What aspects of design are protected, how, and for what innovation policy objective? As a result, the law’s existing flexibility enables strategic maneuvering. In Design Law: Global Law and Practice, recognized expert in international and comparative intellectual property Dana Beldiman has carefully curated a set of tight essays that examine comparative and international design protection law as well as the cutting-edge issues that these laws must grapple with. The breadth of the topics combined with the depth of analysis makes this an invaluable resource I will turn to again and again. But, as is true with a successful design, the volume as a whole is greater than the sum of its parts. Trends in the law emerge and the comparative project offers us critical insights for addressing the law’s inherent conundrums.’
– Christine Haight Farley, American University, US
Contents
Contents
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
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
