Designs law Books

Book Synopsis''Packed end to end with ways to see the world in new ways'' Mike Krieger, cofounder, Instagram ''Designed to spark creativity, help solve problems, foster connection and make our lives better'' Gretchen Rubin''Navigate today''s world with agility, resilience and imagination'' Lorraine Twohill, CMO, GoogleWhat do they teach you at the most prestigious design school in the world? For the first time, you can find out. This highly-visual guide brings to life the philosophies of some of the d.school''s most inventive and unconventional minds, including founder David Kelley, Choreographer Aleta Hayes and Google Chief Innovation Evangelist Frederik Pferdt and more. Creative Acts for Curious People is packed with ideas about the art of learning, discovery and leading through creative problem solving. With exercises including:- ''Expert Eyes'' to test your observation skills- ''How to Talk to Strangers'' Trade ReviewCreative Acts for Curious People is a delightful, compelling book that offers a dazzling array of practical, thoughtful exercises designed to spark creativity, help solve problems, foster connection, and make our lives better * Gretchen Rubin, New York Times bestselling author and host of the Happier podcast *Mastering the skills of creativity, inventiveness, and improvisation may seem to be out of reach, but not if you are brave enough to read this extraordinary book. With memorable illustrations and compelling exercises, Creative Acts for Curious People clearly lays out practical ways to overcome any obstacle * Francesca Gino, Harvard Business School professor and bestselling author of Rebel Talent *"Attending classes at the d.school changed my life. I learned that to build empathy and creativity, you have to break out of habits and patterns to see the world in new ways. This book is packed end to end with ways to do just that by taking any part of the design process to a new level, be it in the initial need-finding stage or deep into the execution phase. The illustrations are great too! * Mike Krieger, co-founder of Instagram *"I've seen firsthand how the d.school thinks about creativity and design. Creative Acts for Curious Peoplemakes the genius of Sarah Stein Greenberg and the d.school available and accessible to everyone. The experiences inside this book teach both the hard and soft skills that we all need to navigate today's world with agility, resilience, and imagination * Lorraine Twohill, chief marketing officer at Google *Talent and intelligence are universal, but resources and opportunities are not. This book offers everyone what I experienced at the d.school-the realization that when you believe in your own creativity and support people in cultivating their own, together we can create a new future * Michael Tubbs, former mayor of Stockton, California, and founder of Mayors for a Guaranteed Income *

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Book SynopsisWritten by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting-edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered.Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trade marks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe.Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.Trade Review‘Hennig Hartwig’s edited collection is a timely, highly informative and fundamental contribution to the academic debate on design rights in general, and the surrounding policies and divergent approaches taken to them in various jurisdictions, in particular. The breadth of topics and jurisdictions discussed, and the book’s depth of analysis, makes the Research Handbook on Design Law an invaluable addition to Elgar’s series and IP scholarship at large. It is an indispensable read for all those interested in gaining a wider and deeper understanding of all pertinent issues concerning design law, and it provides a springboard for further research and policy discussions in this exciting field of IP law.’ -- Marc D. Mimler, Queen Mary Journal of Intellectual Property‘The slant is more to the academic than to the practitioner but it has enough for both. If you want to know “what is the state of the law on design topic X”, this is the book for you. You will probably also find, as I did, that once you delve into one chapter you will find a wealth of information around the topic as well as on the question you originally asked. And you will no doubt wonder at some point, as you look at one of the many illustrations of some mundane design: “how on earth did that ever get registered”? The answers are all within.’ -- Douglas Campbell QC, Journal of Intellectual Property Law & Practice‘This is an excellent book for those who are seriously interested in design law. The contributions have been written by leading academics and practitioners in design law and together represent a treasure trove of cases, examples, good pieces of advice and detailed and high quality analyses of different aspects of design law. It is particularly refreshing that many of the contributors manage to include comparative perspectives. This book delivers on all the parameters and more so and it does so with flying colors.’ -- Jens Schovsbo, Nordiskt Immateriellt Rättsskydd‘The Research Handbook on Design Law addresses the need by collecting comparative studies of product designs authored by the world's leading practitioners and scholars. Topics are carefully selected by Dr. Henning Hartwig, a leading design law practitioner involved in the landmark decisions of the Court of Justice for European Union (CJEU), based on his extensive experience in litigating community and German design rights and other related rights for both German and US clients. Overall, it bridges academic theories and a practice strategy for procuring and enforcing multiple IP rights on product designs in the global market.’ -- Toshiko Takenaka, Journal of the Patent & Trademark Office Society‘In short, this book is an exceptional foray into the multifaceted world of designs and provides an invaluable source of scholarship for both practitioners, academics and policy-makers specialising in this fast-moving area of IP. It contributes to the current state of knowledge in this field and gives much material for further reflection.’ -- Gordon Humphreys, European Intellectual Property Review‘The book is at home on both an academic and a practitioner bookshelf and I’m sure will be an important and valuable work for many years to come.’ -- Rosie Burbridge, IPkat.com‘This work is based on the knowledge of how important every chapter is for deepening, but also for harmonizing international design law. In this respect, this book makes an essential contribution. These in-depth analyses are not only a very welcome help for daily practice but – particularly nowadays when preparing for a reform of the design law of the European Union – also of great value for the further development of this area of intellectual property law.’ -- Guido Kucsko, Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht (originally published in German: translated by Henning Hartwig)‘This collection offers a highly readable collection of scholarship which is to be commended for getting to grips with the nitty gritty of difficult points of design law, and for its rich coverage of different jurisdictional perspectives. The Handbook offers an invaluable resource to readers looking to develop comparative perspectives. It also shines a light on a number of design law issues which have perhaps not received the attention in the literature that they deserve, as well as exploring still-evolving points of practice and the potential for novel interdisciplinary inputs. The collection is also rightly imbued throughout with a sustained interest and focus on the particularities and challenges of design law as a legal field which is very much centred upon the visual, and the inherent difficulties which arise as a result in design filing and in analysing, arguing and deciding design cases. Contributions are both practically useful and intellectually stimulating, and the collection is populated throughout with helpful illustrations – a must in any text dealing with design law.’ -- Jane Cornwell, Intellectual Property Quarterly'This book is both a practice-oriented and intellectually inspiring analysis of European, U.S. and international design law. Its chapters, written by practitioners and academics who are leading in this field, cover fundamental issues of practical importance, of doctrine and of policy.' -- Ansgar Ohly, Ludwig Maximilian University of Munich, Germany'Design law is perhaps the most conceptually challenging of all IP rights, sometimes and sometimes not co-existing with other IP rights. Trade marks, copyright and some patent law conceptions are all in the mix. This collection of chapters is remarkable. It illuminates the issues and how different laws and judicial decisions around the world have, in their various ways, struggled with the often inchoate or cloudy concepts behind legislation. And the book is also a pleasure to read. A must.' -- The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UKTable of ContentsContents: Introduction to the Research Handbook on Design Law xxiv Henning Hartwig PART I FOUNDATIONS 1. Requirements for Design Protection: Global Commonalities 2 Bernard Volken 2. Trends in Functionality Jurisprudence: U.S. and E.U. Design Law 30 Jason Du Mont/Mark D. Janis 3. Easier to See than to Say: Catching the Elusive Spirit of Design in a Net of Words 77 David Musker PART II METHODOLOGICAL PERSPECTIVES 4. Reciprocity in European Design Law 119 Henning Hartwig 5. Design Rights and Designer’s Rights in the EU 169 Anna Tischner 6. Enablement and Indefiniteness in U.S. Design Patents after In re Maatita and Ex parte Kaufman 207 Margaret Polson PART III: ESTABLISHING AND ENFORCING PROTECTION 7. Protection of Designs on the Basis of Use 232 Estelle Derclaye 8. Claiming Priority under the Community Design Scheme 250 Henning Hartwig 9. Enforcing Design Rights throughout Europe 283 Annette Kur PART IV: CRITICAL ISSUES 10. Protection of Spare Parts in Design Law: A Comparative Law Analysis 304 Annette Kur and Ádám György 11. Design Protection for Graphical User Interfaces 345 Tracy-Gene G. Durkin 12. ‘Mast-Jägermeister’ before the Court of Justice of the EU: What the Outcome Really Means 378 Henning Hartwig PART V TRANSNATIONAL AND COMPARATIVE DIMENSIONS 13. International Design Law Policies: Present and Future 405 Robert Mirko Stutz 14. Three-Dimensional Trade Marks and Designs: Comparison and Conflict 441 Alexander von Mühlendahl 15. Cross-border Copyright Protection in Europe 482 Uma Suthersanen 16. How Different is Different? Modern Neuroscience and its Impact on Design Law 507 Charles Lee Mauro and Christopher Daniel Morley Index 550

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Book SynopsisEU legislation for the protection of designs has been described as a 'third way?'in contrast to traditional concepts of design protection. This book provides a thorough appraisal of the EU's unique Design Approach; assessing its formation, development and impact over the past decade. The EU Design Approach explores the rationale behind the creation of the Approach; including contributions from two leading EU scholars who were involved in its conception. The contributing authors provide an assessment of the impact that the Design Approach has had on present EU laws, national law systems and adjacent areas of law including copyright and competition law. Chapters also explore more problematic issues associated with the Approach such as: the role of design law in the wider EU framework for the protection of product shapes, and the balancing of interests between rights holders and users. Overall, this book demonstrates that the Design Approach has been largely successful in its aims despite there being some on-going points of contention. IP scholars will find this book to be a valuable resource of historical and comparative analysis. Practicing IP lawyers and policy makers will also benefit from the inclusion of up to date EU and national case law.Contributors include: G. Dinwoodie, S. Dogan, P. Fabbio, F. Kur, M. Levin, A. Ohly, J. Schovsbo, S. Teilmann-Lock, Q. Yin, W. ZhangTrade Review‘The collection is a valuable resource of historical and comparative analysis – well written and most enjoyable also because of the authors’ colourful style and language. It is highly recommended not only to IP scholars and policymakers but also, and particularly, to practitioners in the EU and beyond.’ -- Henning Hartwig, Journal of Intellectual Property Law and Practice‘This edited volume is a rare and valuable contribution to the understanding of a subject that both intellectual property scholars and practitioners would be advised to better understand.’ -- Benjamin Farrnd, Common Market Law Review‘While The EU Design Approach is primarily aimed at a European audience and provides a well written, informative and comprehensive discussion of EU design law, local readers particularly those involved in research and policy development should find this a valuable resource....to the extent that they are all brought together in a single package perhaps it is unique.’ -- Raymond Hind, Intellectual Property Forum: the journal of The Intellectual Property Society of Australia and New Zealand‘This book is valuable both for the inexperienced and for the experts. Despite being written by many authors, it manages to be a cohesive piece of scholarship, critically explaining the current law and proposing a way forward. It is a recommended reading for anyone dealing with design law.’ -- Nuno Sousa e Silva, Journal of Intellectual Property Law & Practice‘IP practitioners will find this book to be a valuable resource of historical and comparative analysis. Practising IP lawyers as policy makers will also benefit from the inclusion of up to date EU and national case law.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents : Preface Annette Kur, Marianne Levin and Jens Schovsbo 1. The Design Approach Revisited: Background and Meaning Annette Kur and Marianne Levin 2. The Design Approach in a Design Historical Perspective Stina Theilmann-Lock 3. The Harmonising Decisions from Luxembourg Marianne Levin 4. Copyright protection for design creations Philipp Fabbio 5. “Buy me because I’m cool”: the “marketing approach” and the overlap be-tween design, Trade mark and unfair competition law Ansgar Ohly 6. Design Protection for Products That are “Dictated by Function” Graeme Dinwoodie and Jens Schovsbo 7. The Design Approach and Procedural Practice – Mismatch or Smooth Transposition? Annette Kur 8. From Law in the Books to Enforcement in Court: Jurisdiction, Applicable Law, and Sanctions Annette Kur 9. Greeted with a Shrug: The Impact of the Community Design System on United States Law Stacy Dogan 10. Legal Protection of Industrial Designs in ChinaC YIN Qile and ZHANG Weijun) 11. Concluding Remarks and Perspectives Annette Kur, Marianne Levin and Jens Schovsbo) Index

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Book Synopsis

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