The complex nature of industrial design, which combines functional and aesthetic elements, allows different modes of protection: cumulative, separate or partially overlapping regimes are applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. In the last decade, national courts of some Member States conferred to the “cumulative regime” a peculiar meaning, other courts enforced design rights in line with the interpretation given by the Court of Justice of the EU. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the border between art and science.
Barbara Pasa is a full Professor of Comparative Law at the University Iuav of Venice. She received her BA and LLM degrees from the University of Trento and holds a PhD in Comparative Private Law from the University of Trento. She is a lawyer (Italian Bar) and a member of the ELI – European Law Institute, of the SIRD and of the AIDC (both Italian Societies for Comparative Lawyers). Her teaching and research interests include Comparative Private Law, European Private Law, as well as IP Rights and ICT.
Industrial Design and Artistic Expression. The Challenge of Legal Protection Barbara Pasa
Introduction. What Is Design: a First Approximation from Different Perspectives
Part 1: The Work Part 2: The Author