Industrial Design and Artistic Expression: The Challenge of Legal Protection

By Barbara Pasa

The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. In the last decade, national courts of some Member States conferred to the "cumulative regime" a peculiar meaning, other courts enforced design rights in line with the interpretation given by the Court of Justice of the EU. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.

• Format: Paperback
• Language: English
• ISBN: 900443030X
• ISBN13: 9789004430303
• Release Date: March 2020
• Publisher: Brill
• Length: 138 Pages
• Weight: 0.40 lbs.
• Dimensions: 0.4" x 6.0" x 9.1"