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Jun 15, 2020 · The CJEU has made clear that originality in the sense of the author’s own intellectual creation is key. Brompton Bicycle has claimed that it owns the copyright in the design of its folding Brompton bicycle and that Korean company Get2Get infringed that copyright in producing its own folding bike.
Nov 16, 2020 · Can copyright protect the shape of a bicycle? We examine the latest European Court of Justice ruling concerning the iconic Brompton Bicycle, on the application of copyright law to “functional” three dimensional shapes.
- Background to The Case
- The Case Before The CJEU
- The Decision
- Practical Considerations
This case originated as a referral from the Belgian courts where Brompton brought a case for copyright infringement for the Brompton bike design drawings against Korean company Get2Get. The "Chedech bicycle" produced by Get2Get uses the same three fold design as the Brompton bicycle. Get2Get defended their use of the same folding mechanism and simi...
The CJEU determined that the questions referred from the Belgium courts could be summed up as: "Whether Articles 2 to 5 of Directive 2001/29 must be interpreted as meaning that the copyright protection provided for therein applies to a product whose shape is, at least in part, necessary to obtain a technical result." When assessing this question, t...
In summary, the CJEU concluded that Articles 2 to 5 of Directive 2001/29/EC: "must be interpreted as meaning that the copyright protection provided for therein applies to a product whose shape is, at least in part, necessary to obtain a technical result, where that product is an original work resulting from intellectual creation, in that, through t...
This case follows along the same line of case law as the Cofemel case and the previous Flos case C-168/09. InFlos, the CJEU stated that EU Member States could not deny copyright protection to designs that meet the requirements for copyright protection. This decision led to the repeal of section 52 of the Copyright, Designs and Patents Act 1988 (CDP...
In its recent decision, the Court of Justice of the European Union (CJEU) has clarified that copyright protection does not extend to purely functional designs (Case C-833/18).
Jun 12, 2020 · The Brompton judgment confirms that copyright can subsist in functional shapes but the enforceability of such a right in the UK remains unclear. It also creates possible issues where design rights and copyright cross-over.
Brompton brought a copyright infringement action against Get2Get, which had launched its own, similar-looking version of a folding bicycle that worked in the same way.
People also ask
Does Brompton own copyright?
Does copyright subsist in the design drawings for the Brompton Bicycle?
Did Brompton get a copyright infringement action against get2get?
Is Brompton's chedech bicycle copyrighted?
However, as a result of section 51 of the Copyright, Designs & Patents Act 1988, companies in the position of Brompton are usually unable to rely on their UK copyright in order to prevent infringements and must instead rely on unregistered design rights and registered designs, where available.
