We Wanted More Arne Jacobsen Chairs But All We Got Was Boxes - Experiences from the Protection of Designs in Scandinavia from 1970 Till the Directive

International Review of Intellectual Property and Competition Law, autumn 2016

19 Pages Posted: 14 Apr 2016

See all articles by Jens Schovsbo

Jens Schovsbo

Centre for Information and Innovation Law (CIIR)

Stina Teilmann-Lock

University of Southern Denmark - Department of Design and Communication

Date Written: April 13, 2016

Abstract

The Nordic design laws, which were enacted in the 1970s, may be viewed as a forerunner for the EU-system. This article sets the scene for the evolution of the Nordic Design Acts. Furthermore, it examines case law and registration practices to test how functional designs were de facto protected by the Design Act considering also the development in copyright law. It is concluded that the designers thanks to whom there was ‘Danish Design’ made no or only marginal use of the registered designs system which had been put in place for them. The reasons for the failure are discussed and attributed to a combination of legal and cultural factors. Finally, the article reflects on the lessons learned and their implications for the ongoing EU design law reform.

Keywords: Design Law, Intellectual Property Law, Scandinavian design, EU

Suggested Citation

Schovsbo, Jens and Teilmann-Lock, Stina, We Wanted More Arne Jacobsen Chairs But All We Got Was Boxes - Experiences from the Protection of Designs in Scandinavia from 1970 Till the Directive (April 13, 2016). International Review of Intellectual Property and Competition Law, autumn 2016. Available at SSRN: https://ssrn.com/abstract=2764143

Jens Schovsbo (Contact Author)

Centre for Information and Innovation Law (CIIR) ( email )

University of Copenhagen
Karen Blixens Plads 16
Copenhagen, 2300
Denmark

Stina Teilmann-Lock

University of Southern Denmark - Department of Design and Communication ( email )

Universitetsparken 1
Kolding, DK-6000
Denmark

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