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Graeme B. Dinwoodie

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Edited by Graeme B. Dinwoodie

The diversity of methods used and perspectives displayed in intellectual property law scholarship is now quite vast. This book brings together scholars from around the globe to discuss these methods and provide insights into how they are best used.
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Graeme B. Dinwoodie

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Edited by Graeme B. Dinwoodie

The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What is the scope of intellectual property law? What is the relationship between intellectual property law and general legal principles? To what extent are intellectual property laws exceptional? Drawn together by leading IP scholar Graeme Dinwoodie, these questions and others are answered carefully and reflectively by a team of expert international contributors.
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Jens Schovsbo and Graeme B. Dinwoodie

This chapter examines the responses of the EU design system to situations where just one or very few shapes will enable the product to work. It focuses on the exclusion of design protection of features that are “dictated by function” and the limits on protection for the design of spare parts. After describing the analytical starting point that flows from the so-called “EU Design Approach”, recent decisions of EU and national courts are analyzed. We argue that, even though the recent DOCERAM decision of the CJEU has provided a good starting point for determining those features of a design that are dictated by function, great care should be taken not to over-extend the principles of the case lest that jeopardize some basic features of the EU Design Approach. For spare parts, we suggest that legislation is needed and recommend the introduction of a repair clause in the EU Design Directive.

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Edited by Graeme B. Dinwoodie and Mark D. Janis

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Edited by Graeme B. Dinwoodie and Mark D. Janis

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Edited by Graeme B. Dinwoodie and Mark D. Janis