A ride towards copyright for functional designs: could the iconic Brompton folding bike enjoy copyright protection? The view from Milan

In the Brompton Bicycle case (C-833/18) the CJEU has issued a key decision on whether it is possible for a mass-produced utilitarian product with a functional design to qualify for copyright protection. The Court found that copyright protection could apply to a product “whose shape is at least in part, necessary to obtain a technical result … Read more

Brompton Bicycle – far from folded

CJEU follows Cofemel in allowing copyright protection where designs are not exclusively dictated by technical function The CJEU has decided in the Brompton Bicycle case C-833/18 (11 June 2020) that to qualify for copyright, a design must be original – that is, the subject matter must reflect the personality of its author (the creator or designer), as an … Read more

Tech Disputes webinar series (Episode 2: The evolution of copyright in the digital world)

A review of the key points to consider in dealing with digital copyright, including the communication to the public right and issues around the use of material on the internet, together with a look at how copyright may change, both in the EU with the implementation of the Directive on Copyright in the Digital Single Market, and in the UK, post Brexit without the Directive. Read more

Herbert Smith Freehills’ IP Podcasts – Episode 5: Collaborating with Third Parties – IP Considerations

Collaborating with a third party can bring with it numerous benefits. Parties can work to their own strengths, share experience, and venture into new markets or territories, while sharing costs and risks. However, there are a multitude of legal considerations which need to be considered, both at the outset and as the collaboration progresses. In episode 5 of our podcast series, Joel Smith and Jessica Welborn discuss some of the key IP considerations surrounding collaboration agreements.  Read more

HIRING OUT CARS WITH RADIOS IS NOT A “COMMUNICATION TO THE PUBLIC”

The CJEU held that the hiring out of motor vehicles equipped with radio receivers did not constitute a “communication to the public” within the meaning of Art 3(1) of the Directive 2001/29/EC (the “InfoSoc Directive“). The decision in Föreningen Svenska Tonsättares Internationella Musikbyrå u.p.a. (Stim) and Svenska artisters och musikers intresseorganisation ek. för. (SAMI) v … Read more

COVID-19: Pressure Points: Supply Chain Difficulties – new global guide, including IP, advertising and collaboration issues

Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions and solutions. Supply chain difficulties are at the heart of the pressures facing businesses during the COVID-19 pandemic. In our latest guide we look at supply chain pressure points and what is being and … Read more