Prior art in EU design law and its worldwide implications - taking advantage of flexibilities or being obstructed by ambiguities

Lavinia Brancusi

Chapter 16 in Design Law, 2024, pp 503-540 from Edward Elgar Publishing

Abstract: The scope of prior art is instrumental in assessing the validity of design rights. Although novelty, being the main requirement of granting protection, is a common denominator of design legislation worldwide, the parameters determining the state of art vary. This work explores how the EU harmonized design regime defines prior art. Specifically, the chapter discusses the EU-model of relative novelty in terms of what constitutes relevant disclosure, normative exceptions to disclosure and particularities related to disclosure of unregistered designs. The chapter also explores the subject-matter which can serve as term of comparison between a contested design and a design from the prior art. The concepts of design and prior art serve to accentuate the specifics of non-EU design laws in the final part that explores the interaction between EU and non-EU design systems. The concluding remarks advocate for providing more coherent legal solutions among national laws to benefit global business.

Keywords: Law - Academic; Law - Professional (search for similar items in EconPapers)
Date: 2024
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