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UPA Perpustakaan Universitas Jember

Limitations in the Field of Designs

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Considering the weight given to exceptions and limitations in current
intellectual property research, this paper endeavours to explore sui generis design
rights from the standpoint of limitations to their scope of protection. This paper
focuses on the current EU framework with insights from its travaux pre´paratoires,
comparing it to several other legislations and international instruments. A primary
assessment shows that these limitations have a reduced interference with the scope
of protection, and stem from a copyright or patent approach to the hybrid subject
matter of designs. This paper further explores situations where the interaction
between the scope of design protection and its limitations to design rights triggers
conflicts. It examines in particular the recent autonomous interpretation by the ECJ
of the limitation authorising reproduction for the purpose of citation.

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