Brompton – When a Folding Bicycle Becomes a “Work” – The Judgment of the Court of Justice of the European Union
Download Can a functional product—created to satisfy everyday practical needs—be regarded as an artistic “work” eligible for copyright protection? In the conventional thinking of many businesses and even legal practitioners, the answer is almost automatically “no”. Bicycles are associated with patents, clothing and footwear belong to the realm of industrial designs, while sandals and handbags are merely consumer goods. However, the judgment of the Court of Justice of the European Union (“CJEU”) in Brompton Bicycle v. Chedech/Get2Get (Case C-833/18) introduced a new perspective: a functional shape may be viewed not merely as a technical solution, but also as the creative expression...
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