Kur, Annette; Levin, Marianne --- "The Design Approach revisited: background and meaning" [2018] ELECD 1014; in Kur, Annette; Levin, Marianne; Schovsbo, Jens (eds), "The EU Design Approach" (Edward Elgar Publishing, 2018) 1

Book Title: The EU Design Approach

Editor(s): Kur, Annette; Levin, Marianne; Schovsbo, Jens

Publisher: Edward Elgar Publishing

ISBN: 9781785364136

Section: Chapter 1

Section Title: The Design Approach revisited: background and meaning

Author(s): Kur, Annette; Levin, Marianne

Number of pages: 27

Abstract/Description:

Chapter 1 begins by taking us back to before European harmonization and ends with a self-critical perspective of current developments. At the time, striking diversity was characteristic of national design legislation, which made the issue of a European law an appropriate legal research target. Various academic initiatives were taken towards a European solution for designs, including the Max-Planck-Institute’s Proposal for Foreign and International Patent Law on Copyright and Competition Law (MPI). The explicit goal of the MPI Proposal was to develop a pan-European concept for design protection based on a true “Design Approach”. This meant taking into account the “marketing effect” of design with an unregistered right as a complement to the rigid registration system. For the four MPI academics, the opportunity to create a complete legal system based on their own concept was a fantastic opportunity. It also gave a unique start to EU legislation, which could hardly be imagined today.