This book is a revised and updated edition of a major work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. As a comparative cross-jurisdictional analysis of the practice, theory, scope, and types of design protection, it will continue to be of immeasurable value to lawyers and others involved in industrial design. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic creation and the freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The third edition is comprised of twenty-five country reports, each written by one or more prominent intellectual property lawyer(s) in the country covered. To facilitate cross-jurisdictional comparison, each report is structured according to the following sequence of topics: new developments in each jurisdiction; conventions and legislation; definition of what constitutes a protectable design; originality /novelty; duration of protection; infringement; defences to infringement; procedures for filing application for registration; and expunging, cancelling, or varying registration. Prominent new developments covered in the third edition include new chapters from South Korea, Russia and Turkey as well as continuing coverage of the impact of the European Community Design Directive, the adoption of the Hague Agreement with corresponding major changes to US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.

Considers S. 2075 and S. 2852, to protect authors of original designs against unauthorized copying.

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to information technology law – the law affecting information and communication technology (ICT) – in the Czech Republic covers every aspect of the subject, including the regulation of digital markets, intellectual property rights in the digital context, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, and cybercrime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the monograph assembles its information and guidance in six main areas of practice: (1) the regulatory framework of digital markets, including legal aspects of standardization, international private law applied to the online context, telecommunications law, regulation of audio-visual services and online commercial platforms; (2) online public services including e-government, e-health and online voting; (3) contract law with regard to software, hardware, networks and related services, with special attention to case law in this area, rules with regard to electronic evidence, regulation of electronic signatures, online financial services and electronic commerce; (4) software protection, legal protection of databases or chips, and other intellectual property matters; (5) the legal framework regarding cybersecurity and (6) the application of criminal procedure and substantive criminal law in the area of cybercrime. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this monograph a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Canada. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Canada will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Be the rightful owner of your creativity before some else commercially owns it. The knowledge of IPR is the key to professional success in the world that competes with commercial creativity.