Designs that are purely dictated by function are normally excluded from protection. However, determining precisely when this principle applies is not without difficulty, at least insofar as it relates to defining relevant criteria for identifying what is purely functional from what is not, (an issue on which a preliminary ruling has been petitioned to the EUCJ). In 2016, the AIPPI undertook a review of this contentious subject which, after some difficulty, resulted in the adoption of a resolution during the annual Congress in Milan. Frédéric Glaize contributed to these discussions as recorder of the AIPPI’s French Commission.
Following on from these works and drawing on their in-depth knowledge and extensive experience in design protection, Camille Draber-Lemaitre and Frédéric Glaize were selected with Patrice de Candé as contributors to the French chapter of the book « Design Rights: Functionality and Scope of Protection ». This publication, while providing a broad overview of the law regarding protection and enforcement of design rights, focuses specifically on the law and caselaw relating to the contentious issue of functionality in the context of design rights.
This detailed country by country analysis of twenty seven jurisdictions worldwide is published by Wolters Kluwer in collaboration with AIPPI and was coordinated by Christopher Carani.
This publication is now available for sale via the Wolters Kluwer website (http://kluweriplaw.com/) and also from most online book sellers.
To learn more about the AIPPI’s resolution: click here