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Stone on European Union Design Law

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Abstract Stone on European Union Design Law: A Practitioners’ Guide provides a detailed and thorough review of EU-wide law protecting the appearance of a product. It sets out the history of the development of the law from the 1960s to the 2024 amendments, examining the provision of EU-wide registered designs (REUDs or previously RCDs) which provide up to 25 years protection from designs which create the same overall impression on the informed user, and the unregistered EU design (previously unregistered Community design) lasting three years for designs first disclosed within the EU (infringement of unregistered EU designs also requires proof of copying). The book examines the definitions of ‘design’ and ‘product’, the requirements for validity (novelty and individual character), as well as the prior designs to be considered. Other bases for invalidity are also considered. Infringement is discussed, as well as defences to infringement and the remedies available under the Design Regulation and the Enforcement Directive. The jurisdiction of EU design courts (formerly Community design courts) is discussed. The differences between the Regulation and the Directive are also set out. The text refers to all the major decisions of the Court of Justice and General Court, as well as significant decisions from the EUIPO and courts in member states.
Oxford University PressOxford
Title: Stone on European Union Design Law
Description:
Abstract Stone on European Union Design Law: A Practitioners’ Guide provides a detailed and thorough review of EU-wide law protecting the appearance of a product.
It sets out the history of the development of the law from the 1960s to the 2024 amendments, examining the provision of EU-wide registered designs (REUDs or previously RCDs) which provide up to 25 years protection from designs which create the same overall impression on the informed user, and the unregistered EU design (previously unregistered Community design) lasting three years for designs first disclosed within the EU (infringement of unregistered EU designs also requires proof of copying).
The book examines the definitions of ‘design’ and ‘product’, the requirements for validity (novelty and individual character), as well as the prior designs to be considered.
Other bases for invalidity are also considered.
Infringement is discussed, as well as defences to infringement and the remedies available under the Design Regulation and the Enforcement Directive.
The jurisdiction of EU design courts (formerly Community design courts) is discussed.
The differences between the Regulation and the Directive are also set out.
The text refers to all the major decisions of the Court of Justice and General Court, as well as significant decisions from the EUIPO and courts in member states.

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