Brompton case: Originality of the appearance of a product.

[08/07/2020]

On 11 June 2020, the Court of Justice of the European Union (CJUE) issued its ruling in the copyright infringement case between Brompton Bicycle Ltd and Get2G.

In this matter, considering that the bicycle marketed by Get2Get infringes its famous folding bicycle, Brompton brought an action before the Court of Liège.

In its defence, Get2Get held that the shape of the folding bicycle is dictated by the technical solution sought and may therefore not be protected by copyright.

The Court of Liège then referred the case to the CJUE to request whether copyright protection applies to a product whose shape is, at least in part, necessary to obtain a technical result.

The CJUE answers that insofar as a product constitutes an original work, it is eligible for the protection conferred by copyright even if its realisation has been dictated by technical considerations.

We would be happy to assist you on the various means of protection for your products.