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Copyright: creative nature and artistic value of industrial designs
- 12/03/2018
According to article 2, no. 10), of Law no. 633/1941, industrial designs are protected by the law on copyright when they have a creative nature and artistic value.
The Court of Cassation, with Order no. 658 of 12th January 2018, has explained that the artistic value of a product intended for serial reproduction can be inferred from its presence in exhibitions and museums, the award of prizes, the publication on non-commercial specialized magazines. The creative nature of that product does not necessarily require its originality and novelty, but at least the presence of a personal touch by its author.
In the case at issue, both requirements were completely absent. So, the statuettes in question could not be protected under the law on copyright, also because of their stereotypical shape and of the poor quality of their reproductions.
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