Potencijalni elementi industrijskog dizajna koji nisu obuhvaćeni zakonskom definicijom

Considering the difficulties that existed with the formation of harmonized design law and the great differences between the laws of the member states in this domain, primarily in Directive 98/71/EC on the legal protection of designs, and then in Regulation 6/2002 on Community design, the definition of industrial design was introduced. It includes an enumeration of industrial design elements. However, this enumeration is not limited, and it is possible to consider that other elements are also part of the protected design. In his paper, the author, using the dogmatic and sociological method, analyzes which other elements could be considered part of industrial design under EU law. The aim is to examine the possibilities that the definition of industrial design provides in terms of the legal protection of industrial design and the scope of design right.