You are looking at 1 - 10 of 33 items

  • Author or Editor: Estelle Derclaye x
Clear All Modify Search
This content is available to you

Estelle Derclaye

You do not have access to this content

Estelle Derclaye

The protection of designs on the basis of use concerns mainly unregistered designs. However, in the EU, since unregistered designs can be converted into registered designs within 12 months of their disclosure (in Europe or abroad), in practice, such rights based on mere use also interact and overlap with registered designs. Use is meant, in a broad sense, as a simple disclosure of a product’s shape in order to establish a design right. This chapter deals largely with the interpretation and effects of these provisions but looks also at non-European jurisdictions, in particular when considering the nature of establishing acts and possible territorial implications, proof of copying and remedies in case of an infringement of unregistered design rights and including potential disadvantages for non-EU entities. A comparative review of related areas of law, providing, in principle, protection for designs on the basis of use, concludes this chapter.

You do not have access to this content

Estelle Derclaye

You do not have access to this content

Copyright and Cultural Heritage

Preservation and Access to Works in a Digital World

Edited by Estelle Derclaye

Thanks to digitisation and the Internet, preservation of and access to our cultural heritage – which consists of works protected by copyright and works in the public domain – have never been easier. This essential book examines the twin issues of the preservation of, and access to, cultural heritage and the problems copyright law creates and the solutions it can at the same time provide. The expert contributors explore the extent to which current copyright laws from Europe and beyond prevent or help the constitution of a centralized online repository of our cultural heritage. Provided legal reform is achieved and the additional financial and organisational hurdles are overcome, this work argues that it should be possible to fulfill the dream of an online Alexandrian library.
This content is available to you

Estelle Derclaye

You do not have access to this content

Estelle Derclaye

You do not have access to this content

Estelle Derclaye

You do not have access to this content

Estelle Derclaye

You do not have access to this content

Estelle Derclaye