The Copyright/Design Interface
Past, Present and Future

Explores the past and current rules regulating the copyright/design interface in fifteen countries and provides solutions for the future.

Estelle Derclaye (Edited by)

9781107198678, Cambridge University Press

Hardback, published 8 March 2018

488 pages, 78 b/w illus. 11 tables
23.5 x 15.7 x 2.6 cm, 0.91 kg

'The book brings clarity as well as depth - and a much needed uniformity of terminology - in one of the most intractable areas of intellectual property law.' Marco Ricolfi, Turin Law School, Italy

Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.

1. The copyright/design interface in France Anne-Emmanuelle Kahn
2. The copyright/design interface in the Netherlands Antoon Quaedvlieg
3. The copyright/design interface in Greece Irini Stamatoudi and Maria-Daphne Papadopoulou
4. The copyright/design interface in Scandinavia Jens Schovsbo and Morten Rosenmeier
5. The case for partial cumulation in Germany Ansgar Ohly
6. The design copyright conflict in the United Kingdom: a history Lionel Bently
7. The copyright/design interface in Australia Isabella Alexander
8. The copyright/design interface in Italy Estelle Derclaye
9. 'Courts have twisted themselves into knots' (and the tangled knots remain tangled): US copyright protection for applied art after Star Athletica Jane C. Ginsburg
10. US design patent law: a historical look at the design patent/copyright interface Jason J. Du Mont and Mark D. Janis
11. The copyright/design interface in Japan Masahiro Motoyama
12. A model copyright/design interface: not an impossible and undesirable task? Estelle Derclaye.

Subject Areas: Copyright law [LNRC], Intellectual property law [LNR], Legal history [LAZ], Law [L]