ISBN-13: 9780414088887
Russell-Clarke & Howe on Industrial Designs provides in-depth commentary on the protection of industrial designs and is the essential text for guidance on how to get the best from the vast bed of legislation surrounding industrial designs, ensuring that your designs are safeguarded and protected. The book: Offers analytical, high level commentary on industrial designs, whilst maintaining a practice-focused edge. Provides a detailed historical treatment of copyright law and industrial design law from 1709 through to the current legislative position in order to provide a complete picture of design law in operation. Discusses copyright protection for industrial designs. Looks into infringement and validity disputes and threats actions, along with practical hints on how to avoid the mistakes of the past. The 10th edition contains: Full coverage of changes to UK industrial designs laws following Brexit. Sections on the new rights which replace Community registered and unregistered design rights: "re-registered" UK rights, and "continuing" and "supplementary" unregistered design rights. Full discussion of relevance of past and future case law of EU Court of Justice and General Court to interpretation of post-Brexit UK design laws. Up-to-date coverage of case law developments in UK and EU courts across the industrial design field. Important cases covered include DOCERAM v CeramTec (C 395/16) (shape dictated by function), Cofemel v G Star Raw (C 683/17) and Brompton Bicycle v Chedech/Get2Get (C 833/18) (copyright protection for designs which could be registered), Acacia v Pneusgarda (C-397/16) (designs and the right to repair) and Easy Sanitary Solutions v Group Nivelles (C-361/15 P) (prior art in any field can invalidate a design registration). Coverage of new Designs Appointed Person appellate jurisdiction with principles applied and initial case law. Expanded Chapter on Commonwealth and other countries who design law is historically linked with the UK, including new section on Malaysia. Appendices fully updated with Brexit changes and materials, including relevant extracts from the EU Withdrawal Agreement and the Trade and Cooperation Agreement. All you need for comprehensive and in-depth coverage of the UK's evolving industrial design laws between two covers.