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Copyright protection for shapes necessary to achieve a technical result (Brompton Bicycle Ltd v Chedech/Get2Get)

Copyright protection for shapes necessary to achieve a technical result (Brompton Bicycle Ltd v Chedech/Get2Get)
Published on: 11 June 2020
Published by: LexisPSL
  • Copyright protection for shapes necessary to achieve a technical result (Brompton Bicycle Ltd v Chedech/Get2Get)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Court of Justice has held that a product whose shape is, at least in part, necessary to obtain a technical result may be protected by copyright where it is an original work resulting from the author’s own intellectual creation in that, through its shape, the author expresses their creative ability in an original manner by making free and creative choices in such a way that that shape reflects their personality. The assessment of originality is to be made by the national court which must take into account all relevant aspects of the dispute that existed when that subject matter was designed, irrespective of the factors external to and subsequent to the creation of the product. or take a trial to read the full analysis.

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