Henning Hartwig (Editor)

Designschutz in Europa

Design Protection in Europe

Entscheidungen europäischer und nationaler Gerichte

Decisions of European and National Courts

Band III / Volume III

2009, ca. 460 pages, paperback, ca. € 94,-

see table of contents, forword and list of contributors

 

Protecting designs continues to be very popular and challenging in times of globalization. Examples such as Panamera (Porsche), iPhone (Apple), Frebeze (Procter & Gamble) or Carrybag (Reisenthel) prove the strong attraction which successful and timeless designs exercise on specialists, consumers and the media. A further indicator for this trend is the number of Community design applications in Europe rising continuously and significantly for years.

Seven years after the implementation of the Community design regime, Volume 3 of DESIGN PROTECTION IN EUROPE is now available – this time with important, often unpublished decisions from Austria, Germany, Italy, Switzerland, the United Kingdom and OHIM.

Fifteen decisions are again reproduced in full text, with annotations (in German and English) by experienced specialists of national and European Design Law, including the decisions “Praline Shape” (German Federal Supreme Court), “Jewel Case” (Swiss Supreme Court), “Green Lane” (England and Wales Court of Appeal), “Sprayer” (Austrian Supreme Court) und “Fiat v Great Wall” (Tribunale di Torino).

Volume 3 is supplemented by a register with head notes of 81 additional, mainly unpublished decisions from Austria, France, Germany, Ireland, Italy, Slovakia, Spain, the United Kingdom and OHIM that are not printed in full text (in German and English). Further to this, Volume 3 is complemented with a unique, complete up-to-date register of infringement courts that are exclusively competent for Community design infringement proceedings in the European Union.In preparation for june 2009

Five years after the introduction of the Community design, volume II of “Design Protection in Europe” again presents a collection of high class decisions of national and European courts, this time from Germany, France, Austria, Sweden, Spain and the UK, including one of the first decisions of the opposition division of OHIM concerning the fundamental conflict between older marks and later designs.

Altogether 19 decisions, many of them unpublished, are again set out in their full text, annotated with elaborate comments by well-versed experts of the national and European design law (in English and German). Additionally, this volume contains, for the first time, a register of head notes of another 37 mainly unpublished decisions (in English and German) that are not printed in full text.

The collection is edited by Dr Henning Hartwig, attorney at law, an expert in the field of design law.

See preface, list of contributors and table of contents.

Decisions of European and National Courts

Edited by Dr. Henning Hartwig

The book contains the first available collection of European and national decisions regarding the Community design. The collection includes 18 published as well as unpublished decisions of courts in Germany, the United Kingdom, the Netherlands and Spain, as well as two decisions of the Invalidity Division of the Office for Harmonization in the Internal Market (OHIM). Among the decisions is the famous ruling of the London High Court in Mattel v Simba Toys (first full text publication) and the decision of OHIM in Hee Jung Kim v Zellweger Analytics (on the conflict between senior trademark rights and junior design rights).

Each decision is presented in full length, either in English or in German with English headnotes. Additionally, prominent design specialists have commented each decision, pointing out the fundamental steps the decision has taken.

Contents:

For the editor's preface and a list of the commented decisions, please click here