T-Shirts, bicycles or lamps… are we talking about art? And what does that imply?

The shape of a product can be protected by various IP rights, typically as a shape mark or a design. The latter is expressly defined as “the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation” in Article 3 (a) of Regulation (EC) No 6/2002 of 12 December 2001 on Community designs. The outer appearance of (functional) everyday objects is therefore generally protected by the means of design law. But can this outer appearance of a (functional) product, such as a t-shirt, a bicycle or a showcase lamp, also be considered art and give rise to copyright claims? And what does that entail?

Latest insights

More Insights
spring

How to better preserve use evidence for registered trademarks in China?

Sep 18 2024

Read More
data

Ofgem’s Consultation on the governance of the data sharing infrastructure (DSI)

Sep 17 2024

Read More

The DNA of Life Sciences Deals

Sep 17 2024

Read More