The EU Design Approach
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The EU Design Approach

A Global Appraisal

Edited by Annette Kur, Marianne Levin and Jens Schovsbo

The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?
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Chapter 3: The harmonising decisions from Luxembourg

Marianne Levin


The chapter contains a summary report of the interpretations of the Community Design Regulation (EC) 2/2002 by the Court of Justice of the European Union. Since Case C-32/08 FEIA on the ownership of design rights and successor in title of 2 July 2009, around a dozen design judgments have been resolved, of which a majority relate to interpretations of the Regulation. The FEIA case is among those that are of special importance and value, where the Court has rendered autonomous EU-wide interpretations marking the trade-related dimension of design in the Community landscape. When that has happened, it appears preferably in support of a design approach with designers and their market in focus. Despite the fact that such interpretative declarations gain legal status and become binding on the Member States beyond the particular situation, they contribute to making design law discussed and analysed more among legal scholars and thus more clear.

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