Show Less
You do not have access to this content

EU Intellectual Property Law and Policy Second Edition

Catherine Seville

Intellectual property remains not just economically significant, but also of daily importance to most businesses and individuals. The digital age brings many opportunities, but also presents continuing challenges to IP law, and the EU’s programme of harmonisation unfolds in this context. Taking account of numerous changes, the second edition of this accessible book offers a fully updated account of the law as it affects all the major rights, free movement and competition matters, and enforcement. It sets the substantive law in its policy context, and discusses potential reforms to this major area of EU law.
Show Summary Details
You do not have access to this content

Chapter 4: Designs

Catherine Seville


<p><br/><br/><br/><br/>‘Design’ is a term which refers to the appearance and composition of an article, and to any preliminary drawings or models used. It is a hugely important aspect of the way we choose to live our lives, though this can sometimes be unacknowledged and unappreciated. Design touches a vast range of fields, for example product design, packaging design, web design, software design, graphic design, theatrical design, colour design, architectural design, automotive design, environmental design, fashion design, furniture design, garden design, industrial design, interior design and urban design. As a widely based concept, covering both playful and functional designs, it presents a challenge to intellectual property law. How should such things be protected, if at all? If a design can be thought of as a work of art, then copyright protection is perhaps appropriate. But design protection is also demanded for industrial products, especially the aspects of shape and pattern which make them distinctive. If an item is mass produced, should the designer or manufacturer be able to prevent others from producing a similar design? Should it make a difference whether the design has been copied or arrived at independently? And what sort of protection is appropriate?<br/><br/>One problem is that it may be difficult to separate the functional and the aesthetic aspects of a design. If something is entirely functional, like a petrol engine, but not sufficiently inventive to justify a patent, there is little reason for granting monopoly rights over it. But as...</p>

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

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.