Copyright Infringement in Works of Applied Art.

Copyright Infringement in Works of Applied Art.

Journal article

1 online resource (pages 1089–1098)

Federal Act on Copyright and Related Rights, Art. 2(1) and (2)(f) ‒ Fire Rings Headnotes by the Editorial Office 1. To be eligible for copyright protection, all types of works must meet the requirement of individual character that has to be expressed in the work itself. 2. For all works, the required individuality is to be assessed with regard to the scope available for individual design, because it is only within this scope that creative achievement can unfold. 3. In the case of works of applied art, restrictions on their individual design can result from the purpose of use and technical requirements. 4. Individual design of a work of applied art can be limited by a patent if the technical specifications of the patent do not allow any greater scope of individual design. 5. The scope of protection of a work of applied art depends on its individual character. Its scope of protection is all the smaller, the less pronounced the individual character conferred on the work by the exploitation of the creative scope.

Crossref

GRUR International, 2632-8550 ; 72, 11, 2023.

[Oxford, England] : Oxford University Press (OUP), 2023

eng

https://academic.oup.com/grurint/article/72/3/231/6998505

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