Dunstan Barnes on ABA-IPL Design Rights Panel
McAndrews Partner Dunstan Barnes was one of four speakers featured at a 2019 ABA-IPL Annual Meeting program on “Design Rights in Times of Globalization.” The April 11 panel provided information on what IP practitioners need to know about the protection and enforcement of design rights in the U.S., EU, Latin America and China. Barnes provided the U.S. perspective.
After providing background information regarding the protection available, the panelists discussed the similarities and differences between protection and enforcement in each jurisdiction. Although many aspects are similar across the jurisdictions, important differences included the substantive examination of design patents that occurs in the U.S. but not in the other jurisdictions, the availability of unregistered design rights in Europe, and the current lack of grace period and bar against using broken lines to “disclaim” parts of a design in China.