?
Limitations in the field of designs
Abstract: 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. The paper focuses on the current EU framework, with insights from its travaux préparatoires, comparing it to several other legislations and international instruments. A primary assessment shows that those limitations have a reduced interference with the scope of protection, and stem from a copyright- or patent-approaches 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 the possibility of an autonomous interpretation of the limitation authorising reproduction for the purpose of citation, especially in referential cases, acknowledging that this would drive the design protection further towards the framework protecting trademarks in the EU.