CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 20 DECEMBER 2012
European Union Design Law: a new book for practitioners
European Union Design Law: a Practitioners' Guide is a highly useful book which has been published just his week by Oxford University Press. Its author, Simmons & Simmons partner David Stone, will be well known to most MARQUES members as a tireless and highly-driven member of the MARQUES Design Team. Indeed, this blogger well recalls with affection and amusement a Workshop which David conducted a few years ago at a MARQUES Conference: David confounded an assembled audience of experts by giving them some real live products, with instructions to protect them, before showing them the actual lookalike products against which, in most cases, the participants' advice failed to offer adequate protection.
So what is this book about and why has it been published now? According to the publishers,
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European Union Design Law: a new book for practitioners
So what is this book about and why has it been published now? According to the publishers,
"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.This book has come out so recently that this blogger can scarcely even pretend to have read it all from cover to cover (it's over 400 pages in length), but his preliminary skirmishes with it suggest that it is a remarkably complete and succinct guide to daily European Union design practice. The indexing and cross-referencing give the work a comfortingly usable feel, and the author's prose -- in keeping with the traditions of his native Australia -- is refreshingly direct when compared with the often tortured expression of reasoning which readers will have found in some OHIM and court rulings.
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".
Further details of this book can be obtained from the publisher's website here.
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