UK bike manufacturer Brompton has won a major copyright case against a South Korean firm accused of stealing a protected design.
According to reports, Get2Get had begun manufacturing and selling a folding bike in Belgium after the design patent had expired.
The famous Brompton bicycle was first launched in the UK in 1976. The intricate design – awarded the prestigious Prince Philip Designers Prize in 2009 – features a modular foldable shape noted for its self-supporting compact size when stored.
But the South Korean producer said the design of the bike was influenced by the “technical solution desired” – a bicycle which can be folded in to three.
Unable to establish whether Get2Get had breached the rights of Brompton, the Belgium Companies Court escalated the matter to the Court of Justice of the European Union (CJEU), which ruled in favour of Brompton this month.
Handing down the ruling, the court agreed that copyright protection was applicable to products whose shape is “in full or in part” required to obtain the technical result.
To establish whether a product falls into the scope of copyright protection it has to be determined whether, through the choice of the shape, “its author has expressed his creative ability in an original manner by making free and creative choices and has designed the product in such a way that it reflects its personality”, the court added.
“Where the shape of a product is solely dictated by technical considerations, which have left no room for creative freedom, that product is not eligible for copyright protection.”
For support enforcing your intellectual property rights, please get in touch with our expert team today.