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European Union Design Law: A Practitioners' Guide [Hardcover]

David Stone
5.0 out of 5 stars  See all reviews (2 customer reviews)
RRP: 162.50
Price: 147.01 & FREE Delivery in the UK. Details
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Book Description

6 Dec 2012
Recent years have seen many fundamental changes in European designs law, including the emergence of the Designs Directive in 1998 and the Designs Regulation in 2001. These pieces of legislation introduce major changes to the protection of industrial and ornamental designs throughout the European Union.

Many issues covered in the legislation remain unlitigated, or guidance has not yet been provided by superior tribunals. European Union Design Law provides a much-needed guide to the new law and practice. Beginning with a short history of the development of the legislation, Stone moves on to a detailed examination of the interpretation provided by OHIM, the Court of Justice and the General Court, and the Community Design Courts of the EU Member States. Separate chapters deal with RCD filing and invalidity, unregistered Community designs, the implementation of the Designs Directive by the member states, and the complex jurisdictional web for enforcing pan-EU rights.


Product details

  • Hardcover: 496 pages
  • Publisher: OUP Oxford (6 Dec 2012)
  • Language: English
  • ISBN-10: 0199645175
  • ISBN-13: 978-0199645176
  • Product Dimensions: 25.1 x 15.5 x 2.8 cm
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Bestsellers Rank: 566,377 in Books (See Top 100 in Books)
  • See Complete Table of Contents

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Review

The author's scholarly and practical approach to this important subject should establish this volume as an indispensable acquisition for all practitioners, particularly those specializing in intellectual property. (Phillip Taylor, Amazon)

Stone's wide-ranging use of national and European case law to back up his positions makes the book a trove of useful information for anyone interested in design law ... More than that, though, the book is a pleasure to read. Stone has shown himself to be an able and accomplished guide. (Angela Fox, ITMA Insider)

With his superb writing style and astonishing economy of words, David has managed in an incredibly short book to fully explain the whole law, making it clear in magisterially concise manner whether he is describing settled law, law in flux, law where there is still room for doubt, or (as happens not infrequently) law where he considers that some existing decisions are in error. The reader is left in no doubt as to David's view on every single issue, and will have cause to disagree with him only very occasionally. (Darren Smyth, IPKat weblog)

If you have any interest in design law and were not lucky enough to get a review copy, go and buy it! (Darren Smyth, IPKat weblog)

this comprehensive review of Community design law will be a very welcome addition to many practitioners' bookshelves. (Giles Parsons, Journal of IntellectualProperty Law and Practice)

About the Author

David Stone is a partner at Simmons and Simmons in London and an expert on design law. He also chairs the designs team of MARQUES (the Association of European Trade Mark Owners) and is author of three MARQUES reports on OHIM Registered Community Designs invalidity decisions. He has lectured on design law on four continents. He is also a contributor to OUP's Journal of Intellectual Property Law & Practice.

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2 of 2 people found the following review helpful
Format:Hardcover|Verified Purchase
This is an extremely comprehensive and well written publication. It deals in a logical and detailed way with the many aspects of this area of law, with many examples from cases throughout Europe. An essential buy for all those involved in this area of law, regardless of level of experience.
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1 of 1 people found the following review helpful
5.0 out of 5 stars Design Law across the EU.... 1 Dec 2013
By Phillip Taylor TOP 1000 REVIEWER
Format:Hardcover
Length: 0:31 Mins


A THOROUGH AND PRACTICAL EXAMINATION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

At the heart of the developed world is design. Virtually everything we do - and when and where we do it: eat, sleep, work, or play -- within, under, over, above, or outside of a particular space -- is based on, or dependent on design.

This is a legal text on design law in the European Union and as the subtitle indicates, it is definitely a practitioner's guide - and of special interest of course, to IP practitioners. The focus is on European community design rights and harmonized law across the EU on registered designs.

Author David Stone, an acknowledged expert in this field, points out that such additional rights as trademarks, copyright and unfair competition/passing off are not dealt with in this volume. Language problems and jurisdictional differences notwithstanding, his purpose is `to delve deeply into the law that is available and where it is not, to suggest what the answer might one day be found to be'.

Writing in the foreword, Antonio Campinos, President of the OHIM [Office for Harmonization in the Internal Market (Trademarks and Designs)] refers to the problems created by design law differing from country to country across the EU, adding that as design law has not been harmonized internationally, it has long been the "poor child" of intellectual property protection.

However, he goes on to remark that the absence of international harmonization has its advantages, chief of which is that it allows contracting parties to invent new laws that protect adequately by taking new and emerging realities into account.
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Most Helpful Customer Reviews on Amazon.com (beta)
Amazon.com: 5.0 out of 5 stars  2 reviews
1 of 1 people found the following review helpful
5.0 out of 5 stars a good book for patent practitioners handling EU design law 15 Mar 2013
By dinghy321 - Published on Amazon.com
Format:Kindle Edition
a good book for patent practitioners handling EU design law. This book introduces with great detail every particulars of european design practice.
5.0 out of 5 stars Design Law across the EU.... 1 Dec 2013
By Phillip Taylor - Published on Amazon.com
Format:Hardcover


A THOROUGH AND PRACTICAL EXAMINATION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

At the heart of the developed world is design. Virtually everything we do - and when and where we do it: eat, sleep, work, or play -- within, under, over, above, or outside of a particular space -- is based on, or dependent on design.

This is a legal text on design law in the European Union and as the subtitle indicates, it is definitely a practitioner's guide - and of special interest of course, to IP practitioners. The focus is on European community design rights and harmonized law across the EU on registered designs.

Author David Stone, an acknowledged expert in this field, points out that such additional rights as trademarks, copyright and unfair competition/passing off are not dealt with in this volume. Language problems and jurisdictional differences notwithstanding, his purpose is `to delve deeply into the law that is available and where it is not, to suggest what the answer might one day be found to be'.

Writing in the foreword, Antonio Campinos, President of the OHIM [Office for Harmonization in the Internal Market (Trademarks and Designs)] refers to the problems created by design law differing from country to country across the EU, adding that as design law has not been harmonized internationally, it has long been the "poor child" of intellectual property protection.

However, he goes on to remark that the absence of international harmonization has its advantages, chief of which is that it allows contracting parties to invent new laws that protect adequately by taking new and emerging realities into account.

The prime example is the adoption by the European Union of the Design Directive, harmonizing the laws of the EU Member States and the Regulation on the Community Design. The Directive therefore acknowledges the importance of design in differentiating products, thereby protecting their commercial value.

Putting all this in historical perspective, while at the same time, placing it in its modern context, the book first of all provides an historic overview of the evolution of the legislation and goes on to provide an authoritative and thorough examination of all aspects of the complex new legislation.

Over twenty-three chapters the book covers all pertinent aspects of this wide-ranging subject, from the aims of the EU-wide legislation to infringement and remedies. The final chapter presents the Design Directive itself and there are two very useful case studies. Bearing in mind the complexity of the subject, the book is easily navigable with numbered paragraphs throughout to which the twenty-six page index handily cross refers. The extensive tables of EU-wide legislation and cases provide ample avenues for further research as does the Comparative Table of the Directive and the Regulation.

In all, the author's scholarly and practical approach to this important subject should establish this volume as an indispensable acquisition for all practitioners, particularly those specializing in intellectual property. The publication date is cited as at July 2012.
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