Suchergebnisse

Innovation and development / Graham Dutfield -- Innovation and the law of intellectual property / Uma Suthersanen & Graham Dutfield -- Utility models and other alternatives to patents / Uma Suthersanen & Graham Dutfield -- Policy considerations for governments governments / Uma Suthersanen & Graham Dutfield -- Singapore / Kit Boey Chow, Kah Mun Leo, Susanna Leong -- Australia / Andrew Christie & Sarah Moritz -- Japan & South Korea / Graham Dutfield -- China / Kit Boey Chow, Kah Mun Leo, Susanna Leong with Jerry Hsiao & Taiwan / Jerry Hsiao -- The ASEAN states / Uma Suthersanen with Lim Heng Gee -- Utility models in Latin America / Manuel Marquez -- Conclusions and recommendations / Uma Suthersanen & Graham Dutfield

Abstract
Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition.

The papers presented at the ALAI Congress in Copenhagen on May 18-19, 2017