Design Evolution and The Law

This book focuses on product design which is evolving conceptually and practically with advances in technology. Product design is no longer solely about product stylization and decoration, but rather about providing a holistic product experience for the consumer. Therefore, in the foreseeable future, product designs will increasingly communicate not only to our eyes, but to our other senses as well.

This book examines the frameworks for the protection of product designs in New Zealand and Australia and evaluates the appropriateness of expanding legal mechanisms for the accommodation of product design evolution. The value of more holistic design protection is balanced against other important considerations such as the right to repair".

The book not only anticipates the extent to which product design will cater to senses other than visual, but also provides a novel framework (with reference to industry examples) for discerning originality in suchwork for the purposes of copyright. This book also makes suggestions for how designs can be protected from foreseeable infringement (analogous to copyright infringement of music and movies on file sharing networks) resulting from future advances in technologies such as 3D printing and virtual reality.

Analyzes the impact of foreseeable future advances in technology on design practices and IP protection Anticipates the likely negative impact of advances in 3D printing on intellectual property Examines the hot topic of right to repair in light of not only market considerations but also more contemporary factors

Auteur
Dr. Vladimir Samoylov is a practicing Barrister and Solicitor of the High Court of New Zealand. He also works as an Adjunct Lecturer/Teaching Fellow at Victoria University of Wellington and is the Treasurer of the Asian Pacific Copyright Association. He has published in journals such as the European Intellectual Property Review, the Intellectual Property Forum, and New Zealand Business Law Quarterly.

Contenu
Introduction.- What is Product Design?.- Protecting Designs Legally.- Impact of Advances in Technology on Product Design Protection.- Recommendations for Protecting Product Designs in Light of Advances in Technology.- Implications of Virtual Designs and 3D Printing on Competition.- Right to Repair: Limiting the Intellectual Property Rights of Product Design owners in the Interests of Competition, Consumer Autonomy and Environmental Sustainability.- Protecting Designs of Products Manufactured in China.- Suggestions and Recommendations in Light of Obstacles Product Design Owners can Expect to Encounter in China.