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Document Type

Note

Publication Date

Summer 2015

Publication Citation

22 Indiana Journal of Global Legal Studies 789 (2015)

Abstract

Since the European Union adopted uniform sui generis design rights, an increasingly complex system of cumulative and overlapping intellectual property rights has emerged. While such harmonization offers several benefits, analyzing the interpretation and application of narrow legal requirements within the EU Community Design Rights may indicate whether such benefits will actually be realized. This paper examines Regulation 6/2002's definitions of "informed user" and "overall impression" as they apply to registered designs. After summarizing relevant case law and considering underlying policy goals of the EU Community design legislation, this paper explores whether these definitions could be more efficient and intellectually honest if both the universe of invalidating prior art-relevant to a design's eligibility for protection-and the corresponding scope of protection were restricted by industrial sectors.

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