The Crisis in the Law of Designs is the title of Perry Saidman’s latest article that was published in vol. 89 of the Journal of the Patent & Trademark Office Society, April, 2007, pp. 301-338. This article explains the causes of this crisis, and provides a suggestion for turning the tide towards better design protection. More particularly, Section I describes the problems with attempts to protect industrial designs through trade dress and copyright laws. Section II expounds on how recent design patent decisions, and some long-standing problems, have made this once useful option problematic at best. Section III resurrects a long-forgotten legal reform that provides a design protection system that actually makes sense in the 21st century.
If you would like a copy of this article, please go to the “Contact Us” page of www.protectdesigns.org and give us your email address with the comment “Crisis” and we will be glad to email it to you or e-mail: drl@protectdesigns.org