Brompton Bicycle (Intellectual and industrial property - Copyright protection of works - Judgment) [2020] EUECJ C-833/18 (11 June 2020)

Brompton Bicycle (Intellectual and industrial property - Copyright protection of works - Judgment) [2020] EUECJ C-833/18 (11 June 2020)

Copyright protection under Directive 2001/29/EC applies to a product whose shape is, at least in part, necessary to obtain a technical result, only if that product is an original work resulting from intellectual creation, where the author expresses creative ability in an original manner by making free and creative choices such that the shape reflects the author's personality. It is for the national court to verify this, considering all relevant aspects.

Citation
[2020] EUECJ C-833/18
Parties
Applicant: SI; Applicant: Brompton Bicycle Ltd; Respondent: Chedech/Get2Get
Jurisdiction
European Union
Judgment Date
11 June 2020
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union
Outcome
Preliminary ruling issued; interpretation provided for national court to apply.
Legal Topics
Copyright Protection of Functional Works, Originality in Copyright, Technical Function and Copyright, Interpretation of Directive 2001/29/ec
Intellectual Property Law European Union Law Copyright Protection of Functional Works Originality in Copyright Technical Function and Copyright Interpretation of Directive 2001/29/ec

Case Brief

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Parties

SI

Applicant

Brompton Bicycle Ltd

Applicant

Chedech/Get2Get

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union

Legal Issues

  1. 1 Whether copyright protection under Directive 2001/29/EC applies to products whose shape is necessary to achieve a technical result
  2. 2 Criteria for assessing originality when technical function is involved

Ratio Decidendi

Copyright protection under Directive 2001/29/EC applies to a product whose shape is, at least in part, necessary to obtain a technical result, only if that product is an original work resulting from intellectual creation, where the author expresses creative ability in an original manner by making free and creative choices such that the shape reflects the author's personality. It is for the national court to verify this, considering all relevant aspects.

Court Disposition

Preliminary ruling issued; interpretation provided for national court to apply.

Orders

  • Articles 2 to 5 of Directive 2001/29/EC must be interpreted as meaning that copyright protection applies to a product whose shape is necessary to obtain a technical result, if the product is an original work resulting from intellectual creation, as verified by the national court.