Evaluating Infringement of IP Rights Relating to Eaves Profiles

Evaluating Infringement of IP Rights Relating to Eaves Profiles

Journal article

1 electronic resource (page 587–591)

Extract Benelux Convention on Intellectual Property, Arts. 3.1, 3.2(1), 3.3(1) and (2); Copyright Law, Art. 10 – Profile for Roof Verges Headnotes by the Editorial Office 1. When designs differ only in immaterial details, the informed user will not immediately notice them. Consequently, in such cases, the overall impression that one design gives to an informed user does not differ sufficiently from that of another desgin. 2. The idea underlying the appearance of a design is irrelevant; what matters is the external appearance of the design. 3. To be considered a copyrighted work, the product must be original, that is to say not derived from another work, and be the author’s own intellectual creation, reflecting the author’s personality and being expressed through the free creative choices made by the author when creating the work. 4. Neither imitating a product or an element thereof nor profiting from the design efforts of others is in itself unlawful. For it to be unlawful, the imitation must cause confusion – confusion that could be avoided without compromising the reliability and usefulness of the product in question. There can be confusion only when the product imitated has its own position in the market.

Crossref

GRUR International ; 74, 6, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

eng

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

External Online Journals > GRUR