IP Insights. Technical Considerations Versus ‘Creativity’ in Copyright Law

In today’s IP Insights we will return to copyright law. Using examples, we will examine when technical considerations determine the appearance of an object to such an extent that they decide its lack of ‘originality’. The material was prepared by Piotr Grzybowski and Jacek Piasta.

From the latest issue, you will learn:

• What challenges are associated with assessing “technical considerations” in legal practice?
• What examples from TSUE and foreign court rulings illustrate the impact of technical considerations on creative freedom?
• Can object like a smoke detector be considered work under Copyright law?

We invite you to read!

We encourage you to read the other publications in the IP Insights series:

• IP Insights. Identity/similarity with an earlier sign
• IP Insights. Trademark refusal, opposition – what now?
• IP Insights. Copyright infringement.
• IP Insights. What will block your trademark registration? Part 4 – Non-permitted elements
• IP Insights. What will block your trademark registration? Part 3 – Bad faith in trademark applications