Design Protection in the Nordic Countries: The Past, the Present and maybe the Future
Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
Standard
Design Protection in the Nordic Countries : The Past, the Present and maybe the Future. / Schovsbo, Jens Hemmingsen.
History of Design and Design Law: An International and Interdisciplinary Perspective. red. / Tsukasa Aso; Christoph Rademacher; Jonathan Dobison. Springer Verlag, 2021. s. 323–343.Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
Harvard
APA
Vancouver
Author
Bibtex
}
RIS
TY - CHAP
T1 - Design Protection in the Nordic Countries
T2 - The Past, the Present and maybe the Future
AU - Schovsbo, Jens Hemmingsen
PY - 2021
Y1 - 2021
N2 - The Nordic countries adopted similar Designs Acts in the 1970s and these Acts remained in place until the European Union (EU)-harmonized design regime took over in the early 2000s. This chapter first describes the background to the pan-Nordic Acts and then moves on to point out how they generally failed to live up to the expectations of the legislators in providing a tailor made protection system for the ‘modern’ functional (‘Scandinavian’) designs that had emerged from the 1950s. Next, the chapter turns to the current protection in the Nordic countries under the EU regime. It is shown how designers in some of the Nordic countries have more or less abandoned the national system based on the national Design Acts and instead have turned to the EU Design Regulation. It is also argued that the national (Danish) courts are becoming better at following the guidance from the Court of Justice of the European Union and are coming out of the shadows of the pan-Nordic Acts and into the harmonized EU-based design system. The final part uses the Nordic experiences to reflect on the recommendations in the recent Evaluation of EU Legislation on Design Protection.
AB - The Nordic countries adopted similar Designs Acts in the 1970s and these Acts remained in place until the European Union (EU)-harmonized design regime took over in the early 2000s. This chapter first describes the background to the pan-Nordic Acts and then moves on to point out how they generally failed to live up to the expectations of the legislators in providing a tailor made protection system for the ‘modern’ functional (‘Scandinavian’) designs that had emerged from the 1950s. Next, the chapter turns to the current protection in the Nordic countries under the EU regime. It is shown how designers in some of the Nordic countries have more or less abandoned the national system based on the national Design Acts and instead have turned to the EU Design Regulation. It is also argued that the national (Danish) courts are becoming better at following the guidance from the Court of Justice of the European Union and are coming out of the shadows of the pan-Nordic Acts and into the harmonized EU-based design system. The final part uses the Nordic experiences to reflect on the recommendations in the recent Evaluation of EU Legislation on Design Protection.
U2 - 10.1007/978-981-16-8782-2_18
DO - 10.1007/978-981-16-8782-2_18
M3 - Book chapter
SN - 9789811687815
SP - 323
EP - 343
BT - History of Design and Design Law
A2 - Aso, Tsukasa
A2 - Rademacher, Christoph
A2 - Dobison, Jonathan
PB - Springer Verlag
ER -
ID: 279623333