In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law
The thesis seeks to develop a normatively well-grounded and practically viable framework for the registration of product shapes under EU design and trade mark law, taking proper account of doctrinal overlaps. The institutional challenge is to develop a model which avoids unnecessary duplication of p...
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| Format: | Thesis (University of Nottingham only) |
| Language: | English |
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2018
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| Online Access: | https://eprints.nottingham.ac.uk/53235/ |
| _version_ | 1848798906584924160 |
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| author | Chave, Lynne |
| author_facet | Chave, Lynne |
| author_sort | Chave, Lynne |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | The thesis seeks to develop a normatively well-grounded and practically viable framework for the registration of product shapes under EU design and trade mark law, taking proper account of doctrinal overlaps. The institutional challenge is to develop a model which avoids unnecessary duplication of protection while permitting each regime to function in a principled and complementary manner.
The thesis adopts a multi-dimensional comparative approach focussing on four central criteria (subject-matter, subject-matter exclusions, protection thresholds and scope). Firstly, US Federal law is employed as a comparator for subsisting legal doctrine and theoretical rationales. Secondly, a comparative analysis is undertaken between the two regimes to pinpoint the aspects which distinguish between a ‘design’ and ‘trade mark’ right vesting in features of product shape.
The thesis develops a normative model of protection and advances interpretations which EU tribunals should adopt to give effect to the underlying rationales of both registration regimes, as applied to product shapes, while mitigating against over-protection and 'regime clash'. |
| first_indexed | 2025-11-14T20:27:13Z |
| format | Thesis (University of Nottingham only) |
| id | nottingham-53235 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T20:27:13Z |
| publishDate | 2018 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-532352025-02-28T14:12:10Z https://eprints.nottingham.ac.uk/53235/ In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law Chave, Lynne The thesis seeks to develop a normatively well-grounded and practically viable framework for the registration of product shapes under EU design and trade mark law, taking proper account of doctrinal overlaps. The institutional challenge is to develop a model which avoids unnecessary duplication of protection while permitting each regime to function in a principled and complementary manner. The thesis adopts a multi-dimensional comparative approach focussing on four central criteria (subject-matter, subject-matter exclusions, protection thresholds and scope). Firstly, US Federal law is employed as a comparator for subsisting legal doctrine and theoretical rationales. Secondly, a comparative analysis is undertaken between the two regimes to pinpoint the aspects which distinguish between a ‘design’ and ‘trade mark’ right vesting in features of product shape. The thesis develops a normative model of protection and advances interpretations which EU tribunals should adopt to give effect to the underlying rationales of both registration regimes, as applied to product shapes, while mitigating against over-protection and 'regime clash'. 2018-10-15 Thesis (University of Nottingham only) NonPeerReviewed application/pdf en cc_by_nc_nd https://eprints.nottingham.ac.uk/53235/1/Lynne%20Chave%20-%20Corrected%20Thesis.pdf Chave, Lynne (2018) In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law. PhD thesis, University of Nottingham. intellectual property; trade mark law; design law; product shape; shape marks; overlaps; eu european union |
| spellingShingle | intellectual property; trade mark law; design law; product shape; shape marks; overlaps; eu european union Chave, Lynne In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law |
| title | In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law |
| title_full | In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law |
| title_fullStr | In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law |
| title_full_unstemmed | In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law |
| title_short | In good shape?: a comparative evaluation of the registration of 3D product forms as trade marks and designs under EU law |
| title_sort | in good shape?: a comparative evaluation of the registration of 3d product forms as trade marks and designs under eu law |
| topic | intellectual property; trade mark law; design law; product shape; shape marks; overlaps; eu european union |
| url | https://eprints.nottingham.ac.uk/53235/ |