Protecting Aesthetic Innovations? An Exploration of the Use of Registered Community Designs

39 Pages Posted: 25 Jan 2016

See all articles by Rainer Filitz

Rainer Filitz

Technische Universität München, TUM School of Management

Joachim Henkel

TUM School of Management - Technical University of Munich (TUM)

Bruce Tether

Policy and Evidence Centre for the Creative Industries / Alliance Manchester Business School

Date Written: June 13, 2015

Abstract

A decade after their introduction, approximately three-quarters of a million European Registered Community Designs (RCDs) have been filed, and recent court cases suggest firms regard them as important for competition. This paper reviews design protection in the European Union, discusses this legal instrument to protect designs and design innovations, and provides an overview of how RCDs are used by firms from different countries and industries. To develop a more detailed understanding of their usage, we also report an exploratory qualitative study on the use of RCDs by German firms in three industries: footwear, car manufacturing and tool-making. This revealed some important differences, notably between judicious filing and “all-you-can-file” strategies, which implies that future research using this instrument requires attention be paid to firm and industry level behaviors. We develop a set of propositions, and set out a research agenda.

Keywords: design rights, product design, innovation, research agenda

Suggested Citation

Filitz, Rainer and Henkel, Joachim and Tether, Bruce, Protecting Aesthetic Innovations? An Exploration of the Use of Registered Community Designs (June 13, 2015). Research Policy, Vol. 44, 2015, Available at SSRN: https://ssrn.com/abstract=2617981 or http://dx.doi.org/10.2139/ssrn.2617981

Rainer Filitz

Technische Universität München, TUM School of Management ( email )

Freising
Germany
+49-89-28925741 (Phone)
+49-89-28925742 (Fax)

HOME PAGE: http://www.tim.wi.tum.de

Joachim Henkel (Contact Author)

TUM School of Management - Technical University of Munich (TUM) ( email )

Arcisstr. 21
Munich, D-80333
Germany

Bruce Tether

Policy and Evidence Centre for the Creative Industries / Alliance Manchester Business School ( email )

AMBS Building
Booth Street West
Manchester, England M13 9QH
United Kingdom

HOME PAGE: http://https://pec.ac.uk/

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