Design Law: Global Law and Practice

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 of interest to legal scholars and law students interested in design, intellectual property, and fashion law.

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

International Intellectual Property Organizations

• Chapters on regional intellectual property organizations can be supplemented with links to these entities' websites:
  • African Regional Intellectual Property Organisation (ARIPO):  www.aripo.org
  • European Union Intellectual Property Office (EUIPO): www.euipo.europa.eu
  • World Intellectual Property Organization (WIPO): www.wipo.int

Relevant Legal Developments and Agreements

• Information related to international treaties and specific laws discussed:
  • Draft Design Law Treaty: Details can be found on the WIPO website.
  • For the European Green Deal and its impact on design law: European Commission - Green Deal.

Journals and Articles for Further Reading

• Articles or journals that discuss contemporary issues in design law:
  • Journal of Intellectual Property Law & Practice by Oxford University Press: https://academic.oup.com/jiplp
  • European Intellectual Property Review (EIPR) via Westlaw or other legal databases.

Keywords: design law, intellectual property law, global design law, AI-generated works, circular economy design, comparative legal analysis, design protection, international commercial law, fashion law, legal practitioners

Target Audience:

• Legal professionals in intellectual property
• International commercial lawyers
• Design law specialists
• Legal scholars in design law
• Law students specializing in IP law
• Intellectual property advisors
• In-house counsel at design companies
• Legal researchers
• IP law libraries
• Academic institutions offering law programs

Genre: Non-fiction, Law, Intellectual Property, International Law, Legal Reference, Design Law, Business Law, Professional Guides, Comparative Law, Academic