A Model Copyright/Design Interface: Not an Impossible and Undesirable Task?

The Copyright/Design Interface, Past, Present and Future, Cambridge University Press, p. 421-458, March 2018; ISBN 9781108196024

Posted: 14 Jan 2019

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Date Written: March 8, 2018

Abstract

This paper attempts to determine the most adequate rules to regulate the interface between copyright and design protection. The main standard to determine such rules is avoiding both under- and over-protection. To achieve such balanced protection, criteria to regulate the interface used in several countries are evaluated. In addition, simplicity and efficiency of the system for both designers and users are also important criteria taken into consideration. The paper starts by giving a historical account of the efforts made both at international and EU level to regulate the interface. It then compares the experiences of the countries reviewed in the book over the years to discover similarities, differences and trends. In the following section, the paper assesses the adequacy of the possible models and criteria to organise the interface and proposes a model copyright/design interface.

Keywords: copyright, design

Suggested Citation

Derclaye, Estelle, A Model Copyright/Design Interface: Not an Impossible and Undesirable Task? (March 8, 2018). The Copyright/Design Interface, Past, Present and Future, Cambridge University Press, p. 421-458, March 2018; ISBN 9781108196024 . Available at SSRN: https://ssrn.com/abstract=3309646

Estelle Derclaye (Contact Author)

University of Nottingham, School of law ( email )

Nottingham NG7 2RD
United Kingdom

HOME PAGE: http://www.nottingham.ac.uk/law2/staff/estelle.derclaye

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