Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework?

Church, Oliver; Derclaye, Estelle; Stupfler, Gilles

All Outputs (2)

Protection of Designs on the Basis of Use 232 (2021)
Book Chapter
Derclaye, E. (2021). Protection of Designs on the Basis of Use 232. In H. Hartwig (Ed.), Research Handbook on Design Law. Edward Elgar Publishing

Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework? (2021)
Journal Article
Church, O., Derclaye, E., & Stupfler, G. (2021). Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework?. European Law Review, 2021(1),

Genuine overlaps (several intellectual property rights (IPR) applying to the same intellectual effort) create overprotection. There is hardly any empirical legal research done on how claimants have litigated at national level not only on their design... Read More about Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework?.