Industrial design and artistic expression : the challenge of legal protection

The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe wh...

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Bibliographic Details
Main Author: Pasa, Barbara (Author)
Format: Book
Published: Leiden, Netherlands : Brill ©2020
Series:Brill research perspectives Art and law
Subjects:
Description
Summary:The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. In the last decade, national courts of some Member States conferred to the "cumulative regime" a peculiar meaning, other courts enforced design rights in line with the interpretation given by the Court of Justice of the EU. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science
Physical Description:vi, 137 pages : some color illustrations ; 24 cm.
Bibliography:Includes bibliographical references
ISBN:9789004430303 (
9789004430310 (ebook)