Animated designs revisited – a case study under EU design law
Henning Hartwig Dr. jur. Henning Hartwig, Attorney-at-law, is partner at BARDEHLE PAGENBERG in Munich and the Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property

Search for other papers by Henning Hartwig in
Current site
Google Scholar
PubMed
Close
https://orcid.org/0009-0009-4691-6069
Restricted access

In view of the ongoing extensive review of EU design law and given the expected abandoning of the current seven-view limit, revisiting protection of animated designs under EU law and practice (and limits to such protection), particularly against the famous-infamous Candy Crush Graphical User Interface (GUI) dispute, allows for some fascinating conclusions with respect to a proper distinction between ‘partial designs’ and ‘parts of a design’, the correct identification of the relevant prior art, the determination of the subject matter of a design, and the finding of infringement. Overall, ‘less’ is apparently ‘more’.

Contributor Notes

Dr. jur. Henning Hartwig, Attorney-at-law, is partner at BARDEHLE PAGENBERG in Munich and the Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property. The author would like to thank Dr Sabine Kossak, patent attorney (Hamburg, Germany), Burga Lenz and Selina Stachowitz, trainee lawyers (Munich, Germany) for carefully reading and improving earlier versions of this article as well as Margaret Polson and Chris Sylvain, both patent attorneys (Westminster, CO, USA) for providing helpful background to the US law and practice.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Purchase

Pay to Access Content (PDF download and unlimited online access)

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account