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This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.

Monograph Book

Published in print:: 28 Feb 2011

DOI:: https://doi.org/10.4337/9781849809580

Collection: Law 2011

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The Design Approach and procedural practice – mismatch or smooth transposition?

Annette Kur

The chapter addresses the question of whether the legal objectives underlying the statutory provisions in design legislation are adequately reflected in the legal practice. Building on the case law of the General Court and the Court of Justice presented in Chapter 3, as well as on selected issues of national case law the chapter revisits the requirements for establishing the legal validity of designs as well as the operation of central notions and concepts such as the protected subject matter, the informed user and the freedom of designers. It concludes that, while some issues remain open, the overall picture is positive and only calls for few adjustments in practice, which might also be put into effect at a sub-legal level, in the framework of the convergence programme and the European Trade Mark and Design Network established on that basis.

Monograph Chapter

In The EU Design Approach

Edited by Annette Kur, Marianne Levin and Jens Schovsbo

Published:: 30 November 2018

DOI:: https://doi.org/10.4337/9781785364143.00013

Collection: Law 2018

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You are looking at 1 - 10 of 25 items

Annette Kur

Monograph Chapter

In Intellectual Property, Unfair Competition and Publicity

Edited by Nari Lee, Guido Westkamp, Annette Kur and Ansgar Ohly

Annette Kur

Monograph Chapter

In Constructing European Intellectual Property

Edited by Christophe Geiger

Annette Kur

Monograph Chapter

In Innovation, Competition and Collaboration

Edited by Dana Beldiman

Annette Kur

Handbook Chapter

In Research Handbook on the Protection of Intellectual Property under WTO Rules

Edited by Carlos M. Correa

Edited by Annette Kur

Monograph Chapter

In Intellectual Property Rights in a Fair World Trade System

Edited by Annette Kur

Annette Kur

Monograph Chapter

In Intellectual Property Rights in a Fair World Trade System

Edited by Annette Kur

Edited by Annette Kur

Monograph Chapter

In Intellectual Property Rights in a Fair World Trade System

Edited by Annette Kur

Edited by Annette Kur

Monograph Chapter

In Intellectual Property Rights in a Fair World Trade System

Edited by Annette Kur

Proposals for Reform of TRIPS

Edited by Annette Kur

Monograph Book

Annette Kur

Monograph Chapter

In The EU Design Approach

Edited by Annette Kur, Marianne Levin and Jens Schovsbo

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