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An Empirical Analysis of the Design Case Law of the EU Member States

Church, Oliver; Derclaye, Estelle; Stupfler, Gilles

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Authors

Oliver Church

ESTELLE DERCLAYE estelle.derclaye@nottingham.ac.uk
Professor of Intellectual Property Law

Gilles Stupfler



Abstract

This article empirically examines the substantive decisions on all types of design rights from the courts of the 28 Member States since the entry into force of the Design Directive and the Design Regulation, up to and including August 2017. The article tests several hypotheses. Firstly, it uses descriptive statistics to examine claimants’ relative use of the type of design right, and the relationship between the type of design right as a function of the dimension of the design litigated upon. Secondly, the article uses inferential statistics to analyse the presence of differences in the proportion of designs found to be valid and infringed as a function of the level of the courts, the type of design right, the dimension of design and the level of specialisation of the judges. The article finds that overall the EU design system has been effective, and we use our analysis to highlight some further possible improvements.

Citation

Church, O., Derclaye, E., & Stupfler, G. (2019). An Empirical Analysis of the Design Case Law of the EU Member States. International Review of Intellectual Property and Competition Law, 50(6), 685-719. https://doi.org/10.1007/s40319-019-00813-0

Journal Article Type Article
Acceptance Date Feb 19, 2019
Online Publication Date Apr 16, 2019
Publication Date Jul 1, 2019
Deposit Date Feb 28, 2019
Publicly Available Date Apr 25, 2019
Journal IIC - International Review of Intellectual Property and Competition Law
Print ISSN 0018-9855
Electronic ISSN 2195-0237
Publisher Max-Planck-Institut für Immaterialgüter- und Wettbewerbsrecht
Peer Reviewed Peer Reviewed
Volume 50
Issue 6
Pages 685-719
DOI https://doi.org/10.1007/s40319-019-00813-0
Public URL https://nottingham-repository.worktribe.com/output/1591518
Publisher URL https://link.springer.com/article/10.1007%2Fs40319-019-00813-0

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