Community design law. Principles and practice

Book abstract:

David Musker begins this book by acknowledging the huge changes happening within European design law, the more recent of which have been the most groundbreaking for a century. Over the last two years or so, European states have been 'harmonising' their individual design laws with those of the EC's (European Community) own frameworks and systems. The Community Design Regulation, effective since March 2002, has the aim of simplifying the design rights process, as well as making it quicker and cheaper.

Following the introduction, which provides summary information of Community Designs, as well as historical and contextual information, the work is divided into three major parts with six annexes. Part one deals with the Design Directive of 2002 itself, and consists of articles pertaining to matters like definitions, novelty, disclosure, the scope and term of protection, rights, copyright and implementation. Part two looks at Regulation. This is in respect of general provisions, the issue of designs as 'objects of property', the registration procedure, appeals and jurisdiction. Part three contains the recitals and general provisions, while the annexes include the Draft Commission Regulation, Fees Rules, Rules of Procedure and the Boards of Appeal, the Code of Good Administrative Behaviour, the Rules of Procedure of the Court of First Instance in Intellectual Property Cases, and finally the Locarno Classification, which deals with goods as diverse as foodstuffs, furnishing, articles of adornment, musical instruments, arms, tobacco, and smokers' supplies.

The book acts as a reference source for understanding the intricacies and complexities of Community Design Law. It is largely intended for patent and trademark attorneys, along with other practitioners and lawyers working within the field of intellectual property.