Book Review (Reviewing Henning Hartwig Ed., 2021 Research Handbook on Design Law)
Journal of the Patent & Trademark Office Society (forthcoming)
6 Pages Posted: 13 Sep 2021
Date Written: September 10, 2021
This review discusses a book that examines design protection by different types of intellectual property rights in multiple jurisdictions. The editor, Dr. Hartwig, a leading design law practitioner involved in the landmark decisions of the Court of Justice for European Union (CJEU), selected fundamental and advanced topics of product design protection; the world’s leading practitioners and scholars joined to write on the topics from the comparative law approach. The book mainly focuses on the EU and the US, but various chapters cover other major jurisdictions including Japan, China, Australia, Brazil, South Africa, and Turkey.
The review includes the structure and topics of the book and discusses the valuable information available from the book for US IP lawyers. Many features of EU design protection are unique and not well-known to non-EU IP lawyers. The book discusses trademark, copyright and other neighboring rights which will function as fallback options for protecting product designs if the designs were first disclosed outside the EU without filing a design application at the EUIPO during the one-year grace period and thus cannot rely on unregistered community design rights.
The review recommends the book to law students, IP lawyers, and academics. It offers a starting point to learn the basics of design protection and research on most current issues in product design protection in the global market.
Keywords: design law, design protection, industrial design rights, Community Design Regulation (CDR), community design rights, reciprocity, European Union, EU, intellectual property
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