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30 - Examining Functionality

from B - IP Overlaps

Published online by Cambridge University Press:  29 December 2020

Niklas Bruun
Affiliation:
Hanken School of Economics (Finland)
Graeme B. Dinwoodie
Affiliation:
Chicago-Kent College of Law
Marianne Levin
Affiliation:
Stockholm University Department of Law
Ansgar Ohly
Affiliation:
Ludwig Maximilian University of Munich Faculty of Law
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Summary

United States design law – that is, the collocation of design patent law and design-related aspects of copyright and trademark law – seems to be moving ever further from a state of reasonable equilibrium. Functionality doctrines exist at the very hub of this upheaval,2 and the task of improving coherence among these doctrines, internally and trans-substantively, has become critical.3

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Transition and Coherence in Intellectual Property Law
Essays in Honour of Annette Kur
, pp. 364 - 372
Publisher: Cambridge University Press
Print publication year: 2021

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