A Defense of Industrial Design Rights in the United States By Maggie Diamond* Download a PDF version of this article here. Introduction I. Industrial Design in the U.S. A. What is Industrial Design? B. Industrial Design Protection in the U.S. C. Criticisms of U.S. Industrial Design Protection 1. Functionality Criticism 2. Effects of Decreased Protection Criticism 3. Cost and Time Criticism II. Alternative Avenues of Industrial Design Protection A. European Community Framework B. The European Community Framework: A Solution to Design Rights III. Defense of U.S. Industrial Design A. Enforcement is Definitive of IP Rights B. The U.S.’s Broad Design Right 1. Comparative Protection in the U.S. and the EU 2. The Design Dichotomy 3. Rationale for Broad U.S. Design Right IV. Suggestions to Advance Parity and Prevent Abuse A. International Obligations B. Cost and Time Issues C. Obviousness Standard Conclusion Continue reading →
