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Anjum Shabbir
Anjum Shabbir
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15th June 2020
Data, Tech & IP

Analysis: “Brompton bicycles: is copyright protection available for shapes?” by Sabine Jacques

Last Thursday, the Court of Justice of the European Union (CJEU) handed down its decision in the Brompton Bicycle case (C-833/18) on whether functional shapes are eligible for copyright protection. The referral questions were brought by a Belgian court (Tribunal de l’entreprise de Liège) in the context of a copyright infringement action against a Korean company selling comparable folding bikes. This case is of interest as it deepens the understanding of the possibility of overlapping intellectual property rights over the same item. It also offers the  CJEU the opportunity to clarify the protection granted to shapes which are dictated by a functional element.

The object of copyright protection

According to settled CJEU case

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