Authors
Jason J Du Mont, Mark D Janis
Publication date
2011
Journal
J. Intell. Prop. L.
Volume
19
Pages
261
Description
Doctrines that regulate the boundaries between forms of intellectual property protection-" channeling" doctrines, as some have called them 2-are important in many areas of intellectual property law. They are of particular interest in design. Design is protected under a patchwork of potentially overlapping intellectual property regimes, including, under US law, copyright, trademark, design patent, and (for boat hull designs) a design registration scheme. 3 In Europe, in addition to sui generis design registration protection at the Community level, unregistered design rights, copyright, and trademark protection may be available for designs. 4 Both in US and EU law, the functionality doctrine is the chief mechanism for mediating between the utility patent regime and regimes available to protect designs (eg, design patent, design registration, and trademark). In the US, the most familiar setting for functionality disputes is in …
Scholar articles
JJ Du Mont, MD Janis - J. Intell. Prop. L., 2011