Copyright protection applies to a product whose shape is, at least in part, necessary to obtain a technical result

Print this page 27-08-2020
IPPT20200611, CJEU, Brompton Bicycle

Copyright - Related Rights - Articles 2 to 5 of Directive 2001/29 must be interpreted as meaning that the copyright protection provided for therein applies to a product whose shape is, at least in part, necessary to obtain a technical result: the product must be an original work resulting from intellectual creation. The existence of other possible shapes which can achieve the same technical result is not decisive, the national court has to verify this and the reffering court has to take accoun of all the relevant aspects of the present case, as they existed when that subject matter was designed, irrespective of the factors external to and subsequent to the creation of the product.

 

IPPT20200611, CJEU, Brompton Bicycle

 

C-833/18 - ECLI:EU:C:2020:461