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 8: From law in books to enforcement in court: jurisdiction, applicable law, and sanctions

Annette Kur

Abstract

The chapter gives an overview on jurisdiction, applicable law and sanctions concerning design rights in the EU, on the national level as well as in regard to CDRs. The issue is of practical importance, as the market for designs has no linguistic barriers and therefore often extends over several national borders or to the EU in its entirety. While cross-border enforcement of rights still poses certain challenges, it has become easier inter alia by clarifying decisions delivered by the Court of Justice. However, certain gaps still must be filled, such as in particular the promulgation of uniform sanctions for infringement of union-wide rights, which must be complemented by a likewise uniform body of procedural defences for the alleged infringer.

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