Brompton Bicycle (Intellectual and industrial property - Patent law - Opinion) [2020] EUECJ C-833/18_O (06 February 2020)

Brompton Bicycle (Intellectual and industrial property - Patent law - Opinion) [2020] EUECJ C-833/18_O (06 February 2020)

Articles 2 to 5 of Directive 2001/29/EC do not provide for copyright protection of creations whose shape is exclusively dictated by their technical function. To determine if the features of a product's shape are exclusively dictated by technical function, courts must consider all relevant objective factors, including the existence of an earlier patent or design right, the effectiveness of the shape in achieving the technical result, and the intention to achieve that result. The existence of alternative shapes is not relevant if technical function is the only determining factor, but the presence of important non-functional elements freely chosen by the creator may be relevant.

Citation
[2020] EUECJ C-833/18_O
Parties
Applicant: SI; Applicant: Brompton Bicycle Ltd.; Respondent: Get2Get (Chedech)
Jurisdiction
European Union
Judgment Date
06 February 2020
Procedural Posture
Preliminary Ruling (reference) / Opinion of Advocate General
Outcome
Opinion (proposed answer to preliminary questions)
Legal Topics
Cumulation of Rights, Copyright Protection of Functional Objects, Originality Requirement, Technical Function and Design, Scope of Copyright in Industrial Products
Intellectual Property Patent Law Copyright Law Industrial Design Law Cumulation of Rights Copyright Protection of Functional Objects Originality Requirement Technical Function and Design +1 more

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Parties

SI

Applicant

Brompton Bicycle Ltd.

Applicant

Get2Get (Chedech)

Respondent

Procedural Posture

Preliminary Ruling (reference) / Opinion of Advocate General

Legal Issues

  1. 1 Whether a product whose shape is dictated by technical function can be protected by copyright under EU law
  2. 2 Criteria for assessing if a shape is exclusively dictated by technical function and thus excluded from copyright protection

Ratio Decidendi

Articles 2 to 5 of Directive 2001/29/EC do not provide for copyright protection of creations whose shape is exclusively dictated by their technical function. To determine if the features of a product's shape are exclusively dictated by technical function, courts must consider all relevant objective factors, including the existence of an earlier patent or design right, the effectiveness of the shape in achieving the technical result, and the intention to achieve that result. The existence of alternative shapes is not relevant if technical function is the only determining factor, but the presence of important non-functional elements freely chosen by the creator may be relevant.

Court Disposition

Opinion (proposed answer to preliminary questions)