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.

This publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU. This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US. Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.

How the law should protect industrial design - the effort and investment that goes into the appearance of products as diverse as teddy bears and turbines, bracelets and bedpans, exhaust pipes and embroidered blouses - has worried generations of legislators and intellectual property lawyers, and the various solutions adopted have often confused and frustrated the designers and industrialists they were meant to help. "Industrial Design Law" provides a thorough commentary on the new provisions relating to designs in the 1988 Copyright, Designs and Patents Act, together with the continuing regime for registered designs. It examines how these are applied in practice, and discusses the proposed EU-wide changes under the 1993 draft Regulation and Harmonisation Directive.

This booklet provides an introduction for newcomers to the subject of industrial property. It explains the principles underpinning industrial property rights, and describes the most common forms of industrial property, including patents and utility models for inventions, industrial designs, trademarks and geographical indications.

Sustainable Industrial Design and Waste Management was inspired by the need to have a text that enveloped awareness and solutions to the ongoing issues and concerns of waste generated from industry. The development of science and technology has increased human capacity to extract resources from nature and it is only recently that industries are being held accountable for the detrimental effects the waste they produce has on the environment. Increased governmental research, regulation and corporate accountability are digging up issues pertaining to pollution control and waste treatment and environmental protection. The traditional approach for clinical waste, agricultural waste, industrial waste, and municipal waste are depleting our natural resources. The main objective of this book is to conserve the natural resources by approaching 100 % full utilization of all types of wastes by cradle – to - cradle concepts, using Industrial Ecology methodology documented with case studies. Sustainable development and environmental protection cannot be achieved without establishing the concept of industrial ecology. The main tools necessary for establishing Industrial Ecology and sustainable development will be covered in the book. The concept of "industrial ecology will help the industrial system to be managed and operated more or less like a natural ecosystem hence causing as less damage as possible to the surrounding environment. - Numerous case studies allow the reader to adapt concepts according to personal interest/field - Reveals innovative technologies for the conservation of natural resources - The only book which provides an integrated approach for sustainable development including tools, methodology, and indicators for sustainable development