Imposition of Laws of Trademarks and Designs of Shapes among EU and India : Report

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To what extent should overlappingprotection of shapes be permitted underdesign law and trademark law: acomparative analysis between EU and India"1
ABSTRACTIn today’s modern era, it can be normally seen that an individual Intellectual propertyrights apply to various matters. So, it leads to overlapping of trademarks and shapes or designs,as they are protected under trademark laws as well as design law or legislation. In this light, itcan be said that this situation rises a situation of conflict. This dissertation mainly focuses on toevaluate an effects and reasons of overlapping of trademarks and shapes. Along with this, thisproject also has a detailed discussion in regard to at what extent it should be permitted, inaccordance with trademark and design laws.In addition to this, the present report will be discussing in regard to comparison of imposition oflaws of trademarks and designs of shapes among EU and India. As, there are different laws andlegislations related to trademark and designs, so overlapping of protection occurs. It can be heldthat conflicts, issues and overlapping of norms simply means confusion and multiplicity of legaland lawful proceedings. This present legislation also focuses on to various exclusions which arerelated with registration of shapes and trademarks. In this light, the case law of Chen v OHMI -AM Denmark (Dispositif de nettoyage), T-55/12of 25 April 2013 was decided for resolving thedicputes among trademark and design or shapes.2
ContentsCHAPTER 1: INTRODUCTION....................................................................................................41.0 Overview................................................................................................................................41.1 Structure of Research.............................................................................................................51.3 Purpose and Focus of search..................................................................................................61.4 Research Questions................................................................................................................71.5 Framework and Analysis.......................................................................................................7CHAPTER 2: EUROPEAN PERSPECTIVE.................................................................................92.1 Introduction............................................................................................................................92.2 Legal evaluation on industrial design protection in Europe...............................................10REFERENCES..............................................................................................................................163
CHAPTER 1: INTRODUCTION1.0 OverviewThe economy of this modern times is based on appropriate knowledge. Intellectualproperty are those rights which are allotted for the creation of an intellect in accordance to whicha monopoly is being allotted by law to designated owners These inventions can be in the form ofliterary and artistic works, symbols and other names and images that are used while performingcommerce and trades of goods and services1. It is a notable fact that there are two types ofintellectual property. These can be well defined as Industrial property, which involves patents forinventions as well as trademarks and Industrial designs with geographical indications.In accordance with the provisions of trademark act, it can be said that there are differentaspects for which cited act provides protection for the utilisation of trademarks in EU.2Atrademark is a way which distinguishes itself from another. In the context of a corporate world, itcan be said that a trademark is a concept which renders a particular product of an organizationwith a separate identity which is different from others. It can be noted that trade mark can beclassified as name, word, logo, shapes and symbols or design etc.On the other hand, Registered Design act is a legislation which came into force in entireEuropean Union which has a concern with copyright and related act as well as shapes and otherpatents.This research mainly focuses on to overlapping of the protection given to shapes undertrademark and design law be authorised. It means that shapes and other sorts of intellectualproperty are given protection under both Trademarks law and design legislation. Therefore, thissituation arises consequences of conflicts and issues3. Also, this research emphasises on toprovide a clear understanding in regard to clarifying the ways and methods in which the variousshapes, logos and other types of Intellectual property rights can be characterised. Also, in whatway protection is allotted to them. Moreover, this research also defines the situations in which1Coduto DP. Foundation design: principles and practices. Pearson; 2015 Feb 3.2Dick W, Carey L, Carey JO. The systematic design of instruction. Pearson Higher Ed;2014 Feb 4.3Johnson PF. Purchasing and supply management. McGraw-Hill Higher Education; 2014Oct 24
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