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Oregistrerad gemenskapsformgivning - Svaret på problemen med formskydd för modeprodukter?

Magnestrand, Arne (2008)
Department of Business Law
Abstract
In the year of 2002 a new council regulation on community designs was implemented. In the beginning of the essay the legal situtation before the implementation is investigated and part of the purpose is to evaluate if it constitutes a solution to the problems with protection of fashion designs that existed then. Because fashion designs more or less were excluded from protection during the period before the implementation the fashion business developed a habit of unauthorized reproduction. This attitude among the market players is a central point of the essay. The essay starts off with a review of the earlier lack of possibilities regarding the protection of fashion designs. This chapter is followed by a thorough exposition of the... (More)
In the year of 2002 a new council regulation on community designs was implemented. In the beginning of the essay the legal situtation before the implementation is investigated and part of the purpose is to evaluate if it constitutes a solution to the problems with protection of fashion designs that existed then. Because fashion designs more or less were excluded from protection during the period before the implementation the fashion business developed a habit of unauthorized reproduction. This attitude among the market players is a central point of the essay. The essay starts off with a review of the earlier lack of possibilities regarding the protection of fashion designs. This chapter is followed by a thorough exposition of the legislation and interpretation of the council regulation on community designs. After this a number of cases are presented to further explain the contents of the legislation and its interpretation. The essay is ended with conclusions about whether the council regulation on community design is a remedy to the problems with possibilities of protection for fashion products, if and how the the possibilities of protection are improved, how the fashion business attitude towards unauthorized reproduction is changed or will change, the problems with upholding the rights belonging to an owner of an unregistrered community design and finally how the council regulation even though implied otherwise could be a source to a slight imbalance in power between parts in a conflict. The council regulation on community design and the unregistrered community design in particular constitutes a brand new possibility to protect fashion design and it has caused a slight change in the attitude of the fashion business. It is important to clarify, however, that this problem for the most parts remains. The council regulation is still relatively new and it is reasonable to assume that we will see more change in the attitude of the fashion business in a longer perspective. (Less)
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author
Magnestrand, Arne
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
oregistrerad gemenskapsformgivning, modeprodukter, skyddbarhet, efterbildning, Juridical science, Rättsvetenskap, juridik
language
Swedish
id
1338421
date added to LUP
2008-01-24
date last changed
2010-08-03 10:51:26
@misc{1338421,
  abstract     = {In the year of 2002 a new council regulation on community designs was implemented. In the beginning of the essay the legal situtation before the implementation is investigated and part of the purpose is to evaluate if it constitutes a solution to the problems with protection of fashion designs that existed then. Because fashion designs more or less were excluded from protection during the period before the implementation the fashion business developed a habit of unauthorized reproduction. This attitude among the market players is a central point of the essay. The essay starts off with a review of the earlier lack of possibilities regarding the protection of fashion designs. This chapter is followed by a thorough exposition of the legislation and interpretation of the council regulation on community designs. After this a number of cases are presented to further explain the contents of the legislation and its interpretation. The essay is ended with conclusions about whether the council regulation on community design is a remedy to the problems with possibilities of protection for fashion products, if and how the the possibilities of protection are improved, how the fashion business attitude towards unauthorized reproduction is changed or will change, the problems with upholding the rights belonging to an owner of an unregistrered community design and finally how the council regulation even though implied otherwise could be a source to a slight imbalance in power between parts in a conflict. The council regulation on community design and the unregistrered community design in particular constitutes a brand new possibility to protect fashion design and it has caused a slight change in the attitude of the fashion business. It is important to clarify, however, that this problem for the most parts remains. The council regulation is still relatively new and it is reasonable to assume that we will see more change in the attitude of the fashion business in a longer perspective.},
  author       = {Magnestrand, Arne},
  keyword      = {oregistrerad gemenskapsformgivning,modeprodukter,skyddbarhet,efterbildning,Juridical science,Rättsvetenskap, juridik},
  language     = {swe},
  note         = {Student Paper},
  title        = {Oregistrerad gemenskapsformgivning - Svaret på problemen med formskydd för modeprodukter?},
  year         = {2008},
}