The relationship between designs and copyright has been historically a complex, if not challenging, one.
Several countries around the world have traditionally envisaged stricter requirements for copyright protection of these objects. In addition, although IP overlaps are not prohibited per se, concerns relating to the protection of free competition and freedom of expression (including in commercial settings) have warned against too ‘relaxed’ interpretations of the law.
Recent judicial decisions have confirmed – and seemingly facilitated – copyright protection of designs and functional objects, in some cases raising questions which have been proving difficult to answer in practice.
This discussion by international panelists, reviews the body of recent (and very recent) case law in different jurisdictions and considers both the related substantive and enforcement aspects.
Program Co-sponsor: NYCLA’s Entertainment, Media, Intellectual Property & Sports Section
Faculty: Rachael, Barber, Kemp Little, UK; Dyan Finguerra-DuCharme, Pryor Cashman, US; Hanne Kirk HKI, Gorrissen Federspiel, Denmark; Dr. Xinghao Wang, Alibaba, China
Moderator: Eleonora Rosati, Bird & Bird, UK