Designing for the European Green Deal: A Supplementary Protection Regime for Circular Designs in the EU

Dana Beldiman, Stina Teilmann-Lock, Anna Tischner

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Abstract

This chapter examines the existing industrial design regime in light of the principles of the circular economy embodied in the EU’s EcoDesign legislation. The chapter considers ways in which design law may play a proactive role in moving towards a circular economy and investigates what modifications and rebalancing of interests may be required towards this goal. Two essential aspects of the sui generis EU design law are addressed: whether the definition of the ‘object of protection’ is sufficiently capacious to include circular features and whether social considerations may justify a rebalancing in favour of enhanced access. In response to the latter question, we propose a supplementary design law regime tailored to the needs of the circular economy. Its main doctrinal sources include scholarly literature on liability rules and the European unregistered design system. A variety of existing circular business models may be reinforced by the supplementary protection regime proposed.
Original languageEnglish
Title of host publicationDesign Law : Global Law and Practice
EditorsDana Beldiman
Number of pages27
Place of PublicationCheltenham
PublisherEdward Elgar Publishing
Publication date2024
Pages651-677
Chapter20
ISBN (Print)9781800886513
ISBN (Electronic)9781800886520
DOIs
Publication statusPublished - 2024

Keywords

  • Industrial design
  • Circular economy
  • Rebalancing
  • Liability rule
  • Unregistered design

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