Industrial Design and Artistic Expression
Author | : Barbara Pasa |
Publisher | : BRILL |
Total Pages | : 143 |
Release | : 2020-03-09 |
ISBN-10 | : 9789004430310 |
ISBN-13 | : 9004430318 |
Rating | : 4/5 (10 Downloads) |
Book excerpt: The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. In the last decade, national courts of some Member States conferred to the “cumulative regime” a peculiar meaning, other courts enforced design rights in line with the interpretation given by the Court of Justice of the EU. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.