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Professor David Musker, BSc (Hons) London, ARSM, LLM (Nottingham Trent), Chartered Patent Attorney, European Patent Attorney, Patent Attorney Litigator, European Trade Mark and Design Attorney

David

Professor of International Design Law

Email: d.musker@qmul.ac.uk
Room Number: Lincoln's Inn Fields

Profile

David Musker Professor of International Design Law at the Centre for Commercial Law Studies (CCLS). He is the founder of the “Class 99” International Design Law blog, a founder Editor of the Community Design Handbook, and a member of the Editorial Boards of the Journal of Intellectual Property Law & Practice (JIPLP) and European Copyright and Design Reports (ECDR). His book Community Design Law: Principles and Practice has been cited with approval by the High Court of England and Wales, the courts of Poland and the Netherlands and OHIM’s Boards of Appeal. For his work in relation to the IP education and training on the Community Design, he received a Worldleaders European IP Award in 2004.

He lectures, or has lectured, at the Universities of Alicante, Bristol and Oxford, at ETH in Zurich and at CEIPI in Strasbourg.

A patent and trade mark attorney, he is a member (and former Chair) of the Designs and Copyright Committee and the Higher Education Committee of the Chartered Institute of Patent Attorneys (CIPA), a member (and former President) of the Designs Commission of the Union of European Practitioners in Intellectual Property (UNION) and a member of the Design Working Group of the Institute of Trade Mark Attorneys (ITMA).  

He also sits as a Board Member of the Intellectual Property Regulation Board (IPReg), the body which regulates patent and trade mark attorneys in the UK, and the Marks and Designs Forum of the UK Intellectual Property Office. In the past he has sat on OHIM’s User Group and the UK Intellectual Property Office former Trade Marks and Design Rights Research Expert Advisory Group.

His research interests include comparative and international design law, Unitary Patents, Intellectual Property professionals (in particular regulation and legal professional privilege), and Intellectual Property procedural law.

He has practised patent and design law for thirty years, during the course of which he filed the first Registered Community Design and appeared as advocate in the last trial before the Registered Designs Appeal Tribunal. He is of Counsel to R G C Jenkins & Co.

Postgraduate Teaching

LLM Programme (London)

  • QLLM132 - International and Comparative Design Law

LLM Programme (Paris)

Other Postgraduate

  • M2C1 - Trade Marks Law and Practice
  • M3U4 and M3U5 - MSc in Management of Intellectual Property.

Research

Publications

On designs

  • The Design Directive (CIPA, 2001, ISBN 0 903932 12 1)
  • The (Draft) Registered Designs Regulations 2001, [2001] C.I.P.A.J. , pp415-417
  • Community Design Law - Principles & Practice (Sweet & Maxwell, 2002, ISBN 0421790601)
  • Foundation Level Registered Design Law and Practice Notes 2nd edition (with Edward Lyndon-Stanford) (CIPA, ISBN 0-903932-16-4, 2003)
  • Hidden Meaning? - UK Perspectives on “Invisible in Use” designs [2003] EIPR, pp450-456
  • What can be protected?  The subject-matter of Community Designs”, Journal of the Japanese Group of AIPPI vol 48 No 8 August 2003 pp47-56 & No 11 November 2003 pp33-44
  • Community Designs, Electronics Intellectual Property 4 2004 pp29-32
  • DaimlerChrysler’s Swedish Design Application, (with Lottie-Ann Hulth), Journal of the Japanese Group of AIPPI vol 49 No 3 March 2004 pp59-64
  • Administration of Justice - Consultation on replacement of the Registered Designs Appeal Tribunal., [2005] C.I.P.A.J. , 34(9), 571-574
  • Informal consultation on innocent/unintended design infringement, [2005] C.I.P.A.J. 2009, 38(10), 640-641
  • CIPA/ITMA Community Design Handbook (Sweet & Maxwell, 2005- ISBN 9780421877702, (Co-editor with Imogen Wiseman, and author of Chapters 1-3)
  • Substantive design law chapters of Concise European Trademark And Design Law (Aspen/Kluwer Law Intl, 2009 ISBN 9041124071/9789041124074) ed. Gielen, Charles
  • A global guide to design protection (with Collison, James, Zing, Yue, Takeuchi, Kozo,  Healy, Gavin, Kim, Sung-Nam, Detken, Andreas, Katz, Robert S); Managing Intellectual Property. No. 189, May 2009, pp. 46-49
  • The Overlap between Patent and Design Protection, Chapter 2 in Overlapping Intellectual Property Rights (OUP 2012, ed.s Wilkof & Basheer, ISBN 978-0-19-969644-4) at http://fdslive.oup.com/www.oup.com/academic/pdf/13/9780199696444.pdf
  • OHIM Board of Appeal rules on functional designs, C.I.P.A.J. 2009, 38(11), 756
  • Design Crime - Back to the future or forwards to the past?, Journal of Intellectual Property Law & Practice 2014 9 (12): 976-985doi: 10.1093/jiplp/jpu163.

On patents

  • Additional Subject-Matter and Claim Broadening, [1995] EIPR, pp594-600
  • Fujitsu legal battle highlights need for patent law harmony. (with John Mawhood). Computing n24 (June 13, 1996 n24): 46(1)
  • The Interpretation of Patent Claims in the United Kingdom (with James Cross), Patent Magazine (of JPAA) 2005 Issue 58.07 pp42-48
  • The Great Free Beer Debate, or What Ales the Patent System?, Journal of Intellectual Property Law & Practice J.I.P.L.P. 2007, 2(12), 799-804; doi:10.1093/jiplp/jpm186 (republished in [2008] C.I.P.A.J. January pp23-27)
  • UK chapter in Pharmaceutical, Biotechnology, And Chemical Inventions, World Protection And Exploitation, Ed. Duncan Bucknell, OUP 2011, ISBN 978-0-19-92890.

On IP Procedural Law

  • Procedural law of the OHIM: experience of the EPO model, Trademark World December/January 1995/1996, pp29-36
  • Agreement in Principle? - The Harmonisation of Principles of Procedural Law of European Industrial Property prizewinning article, UNION 40th Year Commemorative Yearbook 2001 pp44-54
  • Enforcing a Diluted Draft – Setting minimum standards across Europe (with Vanessa Marsland) Copyright World April 2004, pp8-10
  • Why Privilege Rules Need to Be Reformed, (with Bühling, Jochen, Jewess, Michael, Hamer, Richard, Garland, Steven B., Kroetch, Andrea, Okabe, Yuzuru, Kandan, Dato V. L., Keat, Chew Phye, Hill, David W.) Managing Intellectual Property. No. 181, July/August 2008, pp. 58-66
  • IP attorney litigators: will they fly or die?, [2010] JIPLP 5(8), 602-607.

PhD Supervision

Professor Musker is willing to supervise on design and patent law, and intellectual property litigation.

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