On 11 June, the Court of Justice of the European Union (CJEU) delivered its eagerly awaited judgment in a case involving the famous foldable Brompton bike. A Belgian court referred questions to the CJEU asking whether EU law, in particular directive 2001/29, should be interpreted as excluding from copyright protection works whose shape is necessary to achieve a technical result. The court answered positively namely copyright can protect a product’s shape which is, at least in part, necessary to obtain a technical result, if it is original. No copyright can subsist if the shape is solely dictated by function.
Professor Derclaye explained the case and commented in its wider implications during a EUIPO webinar on 30 June 2020. The webinar was attended by 110 people from all over the world and was extremely well received by the attendees.
Professor Derclaye's comment on the case can also be found on the Kluwer Copyright Law blog.
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