Post by account_disabled on Mar 9, 2024 22:54:23 GMT -5
In the Transatlantic Area, the relationship between Copyright and Design is evolving further to Court Decisions and forthcoming Legislative changes. This relationship, which may include elements of cumulative protection, has never been linear and straight forward. Digitization of society is further spurring new evolutions. What kind of consensus may exist in various parts of the world and in international for such changes? For this Session of our Global Digital Encounters, Speakers from Europe, and the Americas with a variety of opinions will provide a worldwide picture of the future of IP protection connected to Copyright and Design, and re-imagining IP in this area in favor of both business and consumers/society. Click here for the GDE 28 details Final Report – GDE 28 Copyright and designs – a renewed The 28th Global Digital Encounter organized by FIDE/TIPSA Focused on the relationship between copyright and industrial designs, a topic of renewed interest considering recent court decisions within the transatlantic area and relevant legislative evolution in this regard. As stated by Professor Laurent MANDERIEUX, the interaction between these two mechanisms has never been easy, and it is far from being linear and simple.
For example, issues such as the possibility for cumulative protection are still being discussed, especially in the view of existing different jurisprudential and legislative perspectives across the world and the possibility for further change in this matter pushed by national legislation or by international forum. For this very session, the Encounter gathered speakers from the United States (“US”), Brazil, the United Kingdom (“UK”) and even the EUIPO. Its main goal was not to exhaust a very complex topic, but to think together on the crossroads between designs and copyrights and to discuss which may be the path forward. Moderator Sergio RIZZO kicked off the Encounter by welcoming the attendees to what is defined as USA Phone Number a very complex but fascinating discussion on the relationship between copyright and design law. It was then highlighted that what made this Encounter particularly interesting were the different perspectives present at the table, referring to panelists coming from different backgrounds and several geographic areas.
Mr RIZZO then made a littleof cumulative copyright protection for designs. Art. 17 of 98 / 71 / EC directive on the legal protection of designs stated that “a design protected by a design right registered in or in respect of a Member State in accordance with this Directive shall also be eligible for protection under the law of copyright of that State (…) and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Member State”. The Council Regulation (EC) No 6/2002 on Community designs contained an analogous provision in art. 96. Now, with this new proposal set forth in November 2022, there is a proposed adjustment. A closer look at art. 96, paragraph 2, of the Proposal for a Design Regulation, reveals how according to its text, “a design protected as an EU design shall also be eligible for protection by copyright (…) provided that the requirements of Union copyright law are met.
For example, issues such as the possibility for cumulative protection are still being discussed, especially in the view of existing different jurisprudential and legislative perspectives across the world and the possibility for further change in this matter pushed by national legislation or by international forum. For this very session, the Encounter gathered speakers from the United States (“US”), Brazil, the United Kingdom (“UK”) and even the EUIPO. Its main goal was not to exhaust a very complex topic, but to think together on the crossroads between designs and copyrights and to discuss which may be the path forward. Moderator Sergio RIZZO kicked off the Encounter by welcoming the attendees to what is defined as USA Phone Number a very complex but fascinating discussion on the relationship between copyright and design law. It was then highlighted that what made this Encounter particularly interesting were the different perspectives present at the table, referring to panelists coming from different backgrounds and several geographic areas.
Mr RIZZO then made a littleof cumulative copyright protection for designs. Art. 17 of 98 / 71 / EC directive on the legal protection of designs stated that “a design protected by a design right registered in or in respect of a Member State in accordance with this Directive shall also be eligible for protection under the law of copyright of that State (…) and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Member State”. The Council Regulation (EC) No 6/2002 on Community designs contained an analogous provision in art. 96. Now, with this new proposal set forth in November 2022, there is a proposed adjustment. A closer look at art. 96, paragraph 2, of the Proposal for a Design Regulation, reveals how according to its text, “a design protected as an EU design shall also be eligible for protection by copyright (…) provided that the requirements of Union copyright law are met.