Kur, Annette --- "From law in books to enforcement in court: jurisdiction, applicable law, and sanctions" [2018] ELECD 1021; in Kur, Annette; Levin, Marianne; Schovsbo, Jens (eds), "The EU Design Approach" (Edward Elgar Publishing, 2018) 191

Book Title: The EU Design Approach

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

Publisher: Edward Elgar Publishing

ISBN: 9781785364136

Section: Chapter 8

Section Title: From law in books to enforcement in court: jurisdiction, applicable law, and sanctions

Author(s): Kur, Annette

Number of pages: 15

Abstract/Description:

The chapter gives an overview on jurisdiction, applicable law and sanctions concerning design rights in the EU, on the national level as well as in regard to CDRs. The issue is of practical importance, as the market for designs has no linguistic barriers and therefore often extends over several national borders or to the EU in its entirety. While cross-border enforcement of rights still poses certain challenges, it has become easier inter alia by clarifying decisions delivered by the Court of Justice. However, certain gaps still must be filled, such as in particular the promulgation of uniform sanctions for infringement of union-wide rights, which must be complemented by a likewise uniform body of procedural defences for the alleged infringer.