Christoph BuchmüllerDas nicht eingetragene Gemeinschaftsgeschmacksmuster

About this book deutschenglish

With the entry into force of the Council regulation on Community designs in 2002 and the implementation of the directive on the legal protection of designs in the EU Member states, the European legal framework in the field of design protection law has been harmonised. The regulatory authority paid attention to the rising importance of an effective and international protection of designs during the last years.

The author is dealing with a specific type of protection of designs that has barely been researched in the literature - the unregistered community design right. This protection right, which has an equal effect throughout the Community, enables new and individual designs a three-year-protection against copying, if the design has been made available to the public in a way that it can become known to the circles specialised in the sector concerned. The unregistered Community design right is a novelty in the European design protection in so far, as there is no registration of the design needed for its commencement.

Furthermore, the author discusses the legal aspects related to the unregistered community design right. The international literature and the European jurisdiction is being analysed carefully, whereas the author puts his focus on the high court jurisdiction. Also, the overlap of the unregistered community design right, the further intellectual property rights and the German competition law is being researched. These overlaps are leading to controversy discussions. The author reconsiders in this matter how tensions and overlaps between each protection right of product design can be solved to create an adequate balance between the protection of designs and the freedom of competition.

Ihr Werk im Verlag Dr. Kovač

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