IP case law Court of Justice

Referral C-833/18 (Brompton Bicycle, 31 Dec 2018)

– Must EU law, in particular Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, 1 which determines, inter alia, the various exclusive rights conferred on copyright holders, in Articles 2 to 5 thereof, be interpreted as excluding from copyright protection works whose shape is necessary to achieve a technical result?

– In order to assess whether a shape is necessary to achieve a technical result, must account be taken of the following criteria:

• The existence of other possible shapes which allow the same technical result to be achieved?

• The effectiveness of the shape in achieving that result?

• The intention of the alleged infringer to achieve that result?

• The existence of an earlier, now expired, patent on the process for achieving the technical result sought?

Case details on the CJEU website (external link)