Intellectual Property In Designs

Author : Brian W. Gray
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352555X
Total Pages : 603 pages
Book Rating : 4.56/5 ( download)

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Download or read book Industrial Design Rights written by Brian W. Gray and published by Kluwer Law International B.V.. This book was released on 2020-10-14 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a revised and updated edition of a major work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. As a comparative cross-jurisdictional analysis of the practice, theory, scope, and types of design protection, it will continue to be of immeasurable value to lawyers and others involved in industrial design. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic creation and the freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The third edition is comprised of twenty-five country reports, each written by one or more prominent intellectual property lawyer(s) in the country covered. To facilitate cross-jurisdictional comparison, each report is structured according to the following sequence of topics: new developments in each jurisdiction; conventions and legislation; definition of what constitutes a protectable design; originality /novelty; duration of protection; infringement; defences to infringement; procedures for filing application for registration; and expunging, cancelling, or varying registration. Prominent new developments covered in the third edition include new chapters from South Korea, Russia and Turkey as well as continuing coverage of the impact of the European Community Design Directive, the adoption of the Hague Agreement with corresponding major changes to US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.

Author : John Sykes
Publisher :
ISBN 13 : 9780406976253
Total Pages : 416 pages
Book Rating : 4.52/5 ( download)

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Download or read book Intellectual Property in Designs written by John Sykes and published by . This book was released on 2005 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property in Designs is a comprehensive yet practical reference source for the various IP rights protecting designs. Providing guidance on individual circumstances where clients need to be advised about an infringement or the protection for a design, the title includes examples and illustrations of infringements and designs that are or are not protectable.Written by an experienced IP author and practitioner, with contributions from foreign contributors, it covers UK and EU-wide law as well as other major jurisdictions such as the US, Japan and China.

Author : John R. Thomas
Publisher : DIANE Publishing
ISBN 13 : 1437928188
Total Pages : 21 pages
Book Rating : 4.81/5 ( download)

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Download or read book Intellectual Property in Industrial Designs written by John R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Under current intellectual property laws, industrial designs (ID) may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Actestablished a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect ID. Contents of this report: (1) ID and Intellectual Property: Copyright; Trade Dress; Design Patents; Vessel Hull Design Protection; (2) Current Issues in ID Protection: Intellectual Property Rights in Fashion Designs; U.S. Adherence to the Hague Convention; Auto Spare Parts; Judicial Developments Concerning ID Patents; (3) Issues in Innovation and Competition.

Author : Christopher V. Carani
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189238
Total Pages : 938 pages
Book Rating : 4.33/5 ( download)

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Download or read book Design Rights written by Christopher V. Carani and published by Kluwer Law International B.V.. This book was released on 2017-09-25 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid foundation on the law regarding the protection and enforcement of design rights, focuses on the ever-present, and always contentious, issue of functionality in the context of design rights. While there is considerable harmonization on the fundamental principle that design rights regard aesthetic appearance and not underlying technical function, courts and legislatures the world over have long struggled with determining whether to permit, and how to interpret the scope of, designs rights directed at products whose appearancemay, partially or completely, be the result of functional consideration. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of functionality in key jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. The authors of the country chapters have been carefully selected based on their extensive experience and in-depth knowledge about design protection in their respective jurisdictions. Each chapter considers such issues and topics as the following: • availability of protection – granting authority, statutory requirements, drawing requirements, and disclaimers; • tests or approaches applied to determine whether a design right is ineligiblefor protection based on functionality grounds, including related policy considerations; • strategies employed to mount, and fend off, challenges to design rights based on functionality; • determination of a design right’s scope of protection, including the impact of any visual elements of the overall design having appearances that are non-novel and/or functional; • tests or approaches applied to determine whether a visual element of a design right is excluded from the overall scope of protection based on functionality grounds, including related policy considerations; • examples of how visual elements of a design right whose appearance is driven by function are treated in infringement and validity contexts. Each chapter includes case law examples, hypothetical fact patterns, and graphic images of designs to bring issues to life. An introductory chapter covers the basic tenets of design rights, terminology, and discussion of design rights in relation to other areas of intellectual property. As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book proves to be of tremendous practical interest for the industry involved and for the public. Applicants for design protection, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a matchless and thorough resource for academics and researchers interested in the international harmonization of intellectual property law.

Author : Matthias Hillner
Publisher : Springer Nature
ISBN 13 : 3030627888
Total Pages : 213 pages
Book Rating : 4.81/5 ( download)

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Download or read book Intellectual Property, Design Innovation, and Entrepreneurship written by Matthias Hillner and published by Springer Nature. This book was released on 2021-01-30 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on intellectual property (IP) in the context of product innovation and design-led start-up management. A distinguished feature is that it analyses innovation-related scenarios within their continuously changing contexts. IP is discussed in relation to the way in which its value changes over time as a venture matures. The book reveals how IP strategies can enhance a start-up’s survival prospects and its growth potential if they are connected systematically to other business development attributes. Being mainly addressed to enterprising designers, it may also support business administration programmes, innovation hubs, design educators, incubator managers, as well as business coaches and IP attorneys who support creatives and inventors. All in all, this book offers a unique and timely strategic guidance in the field of design and innovation management. “Design and design rights have long been overlooked in the plethora of studies on the links between IPR and innovation. Matthias Hillner’s thoughtful and eloquent journey provides a contemporary and meaningful analysis which will no doubt assist governments, economists, academics and designers’ better understanding of design in the context of successful business strategies and IPR. Given design’s significant contribution to global economies, I am confident it will offer much needed guidance.” Dids Macdonald OBE, founder CEO of Anticopying in Design (ACID) "This is an immensely practical book for designers and entrepreneurs who want to understand the issues of IP, product innovation, and business development. With clear explanations, many vivid examples, and strategically useful tips, it will be a valuable resource for creative minds at all levels of experience. A serious book but written with a sensitive touch on how to protect new ideas." Richard Buchanan, Professor of Design, Management, and Innovation, Weatherhead School of Management, Case Western Reserve University

Author : Gang Qu
Publisher : Springer Science & Business Media
ISBN 13 : 0306487179
Total Pages : 198 pages
Book Rating : 4.70/5 ( download)

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Download or read book Intellectual Property Protection in VLSI Designs written by Gang Qu and published by Springer Science & Business Media. This book was released on 2007-05-08 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This overview of the security problems in modern VLSI design provides a detailed treatment of a newly developed constraint-based protection paradigm for the protection of VLSI design IPs – from FPGA design to standard-cell placement, and from advanced CAD tools to physical design algorithms.

Author : Martin Howe
Publisher :
ISBN 13 : 9780414052642
Total Pages : 948 pages
Book Rating : 4.41/5 ( download)

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Download or read book Russell-Clarke and Howe on Industrial Designs written by Martin Howe and published by . This book was released on 2016-09-23 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Christoph Rademacher
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506458
Total Pages : 426 pages
Book Rating : 4.56/5 ( download)

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Download or read book Japanese Design Law and Practice written by Christoph Rademacher and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Max Planck Series on Asian Intellectual Property Law Volume 18 Indisputably, Japan is today a major hub of product design, and designs made in Japan play an influential role in the world across a wide range of industries. This is the first and only book in English to provide a detailed overview and discussion of product design protection and practice under Japanese law. In addition to expert analysis of the application of design law by Japanese courts and the Japan Patent Office (including the far-reaching 2020 amendments), the book features seven contributions by Japanese product designers from specific industries who describe the product design process in their industry and its legal ramifications worldwide. With in-depth description and analysis and many detailed explanatory figures and tables, the contributors cover such issues and topics as the following: ownership of design rights; requirements for design protection; application process for design registration; examination procedure; appeals and invalidity trials; design infringement and scope of protection; overlap of design and other intellectual property rights; design protection and competition law; international jurisdiction and governing law; and design rights and commercial transactions. Industry-specific chapters cover the application of design law in furniture, home appliances, cell phones, cars, advertising, product packaging, web design, and typeface design. The book concludes with a chapter highlighting differences in design law in Japan and the European Union. Given that Japanese design experts often note a lack of understanding of Japanese design law and practice by foreign companies, this book will appeal to law firm practitioners and in-house counsel involved in global design right portfolio management and design protection in Japan. It will also appeal to intellectual property scholars and product designers with an interest in Japanese design practice and law.

Author : William K. Wells
Publisher : Page Publishing Inc
ISBN 13 : 1642983470
Total Pages : 203 pages
Book Rating : 4.70/5 ( download)

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Download or read book Protecting Designs in America written by William K. Wells and published by Page Publishing Inc. This book was released on 2022-08-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a primer for designers and attorneys who represent them for protecting product designs from copying by competitors. Particularly for consumer products, designers spend a great effort into making otherwise purely functional items into works of art one enjoys having displayed in their kitchen, bathroom, office, shop, and elsewhere. Yet unscrupulous competitors can copy or mimic the designs often with impunity. To the extent designers have attempted to protect the design through some form, the effort often falls short. Product designers, sometimes referred to as industrial designers, typically are not aware of the plethora of alternatives available to them and which of these offer the best avenue of protection for the lowest cost. Often the lawyers who represent them are so focused on one particular approach, while other alternatives are overlooked. This book brings to light the various modes of protection for designers with detailed analysis of each from a realaEUR"world perspective. The three major modes of intellectual property rights for designers are design patents, trademarks or trade dress, and copyright. Each of these has its own special characteristics that make it a good or bad choice depending on the nature of the design and the willingness of the designer to bear the costs and effort in securing the rights. Some rights may be obtained relatively easily but extremely difficult to enforce. Others may require additional effort and cost up front but will bear more fruit when asserted against an infringer. The book breaks down each IP right into the ease of obtaining the right, remedies associated with each, and the challenges in enforcing them. For attorneys, the book combines in one place the advantages and disadvantages of each mode of protection with discussion of relevant case law and statutes. Most attorneys have expertise in at least one of the three major modes of protection but not all three. This material will enable attorneys to better appreciate other areas of specialty in advising clients. Similarly, the designer will be able to assess the individual attorney's expertise and, if necessary, bring together a multiaEUR"disciplined approach to protect a unique product design.

Author : World Intellectual Property Organization (WIPO)
Publisher : WIPO
ISBN 13 : 928053176X
Total Pages : 28 pages
Book Rating : 4.63/5 ( download)

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Download or read book What is Intellectual Property? written by World Intellectual Property Organization (WIPO) and published by WIPO. This book was released on 2020-11-19 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) refers to creations of the mind – everything from works of art to inventions, computer programs to trademarks and other commercial signs. This booklet introduces the main types of IP and explains how the law protects them. It also introduces the work of WIPO, the global forum for IP services, policy, information and cooperation.