RIDA 200 | 04-2004

Doctrine

"The legal protection of creations of industrial design"

Emmanuelle GARNIER

Code : 200-D1
Keywords :
Employee (salaried), Employment (contract), Moral rights, Paternity (right), Respect for the integrity (right to), integrity right, Resale (right), Recording, Novelty, applied art, commissioned, design, Designs (and models), Originality, Term, duration, Ownership

Résumé

The creations of the "Design" don't benefit from their own legal statut, wich
one should be adapted to their specific nature. Even if the intentions of the
communatary authorities was to enforce the specific law to these ones, their
legal recognition is not guaranted. As more, actually their protection is
incertain. In the French system called "cumul absolu" we are accustomed to
confuse the creations of applied art, wich one are mentionned at the "livre I"
and what call "dessins et modèles", wich one mentioned at the "livre V" of the
CPI. To do a confusion between "Design" and art is simplistic. Their specific
nature will be emphasize by comparison with applied art. We will determine
the criterious of legal qualification open to differenciate these creations. The
creations of the "Design" that we propose to make up in a autonomus
category, should benefit from a specific system in the "livre I" of the CPI. A
new information has changed the French right : the advent of the new specific
law, which concern the "dessins et modèles". It is the opportunity to use the
previously concepts who have been transposed in our legislation to
determine, in a first time the condition of protection adapted to the creations
of the "Design".
In a second time, concerning the protection, we will draw up, basing ourself
on the right inforce an appropriate system. Like this system must be
developed in the "livre I", even though some rules have been adapted, we will
make an effort to preserve the coherence of the legislation concerning the
artistic property. This branch of the intellectual property is especially affected
by the recent evolutions at european level and at local level.

Here is an excerpt from the article

(Abstract of a thesis defended at the Faculty of Law of Angers on 31 January 2003

Is it reasonable to devote a thesis to creations of "industrial design"?

For example, French law does not refer to industrial designs as such. Only two expressions are used by the legislator to cover two-dimensional or three-dimensional objects requiring protection against infringement, namely designs and models referred to in Book V of the Intellectual Property Code (IPC) and works of applied art mentioned in Book I on authors' rights. Does legal literature on the subject offer any insight? The term is rarely mentioned. Nor is it of much help to the student, researcher or practising lawyer to consult the directory of commercial law or the "Jurisclasseur" of literary and artistic property. The only conclusion that can be drawn is that the existing legal texts do not deal

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