Cambridge, United Kingdom; New York : Cambridge University Press, 2018.
xv, 472 pages ; 24 cm.
Cambridge intellectual property and information law.
Formatted Contents Note
1. The Copyright/Design Interface in France / Anne-Emmanuelle Kahn 2. The Copyright/Design Interface in the Netherlands / Antoon Quaedvlieg 3. The Copyright/Design Interface in Greece / Irini Stamatoudi and Maria-Daphne Papadopoulou 4. The Copyright/Design Interface in Scandinavia / Jens Schovsbo and Morten Rosenmeier 5. The Case for Partial Cumulation in Germany / Ansgar Ohly 6. The Design Copyright Conflict in the United Kingdom: A History / Lionel Bently 7. The Copyright/Design Interface in Australia / Isabella Alexander 8. The Copyright/Design Interface in Italy / Estelle Derclaye 9. "Courts Have Twisted Themselves Into Knots" (and the Tangled Knots Remain Tangled) : US Copyright Protection for Applied Art after Star Athletica / Jane C. Ginsburg; 10. US Design Patent Law: A Historical Look at the Design Patent/Copyright Interface / Jason J. Du Mont and Mark D. Janis 11. The Copyright/Design Interface in Japan Masahiro Motoyama 12. A Model Copyright/Design Interface: Not an Impossible and Undesirable Task? / Estelle Derclaye.
"Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of 15 countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world"-- Provided by publisher. "The world (hi)story of the protection of designs has been extremely diverse. It is so because of the special, hybrid, nature of such works: they often combine utility and beauty so that it involves deciding whether to protect the work only by design law or only by copyright law, or by both. For over a century, legal systems, not only at national but also at regional and international level, have struggled to find the most adequate solution: a single protection may be under- or overprotective and two or more can be overprotective"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.