Welcome to the new edition of the KPMG Intellectual Property newsletter on developments in the world of patents, trademarks, designs, domains and other Intellectual Property rights (“IPRs”). KPMG firms are proud of their global network, with IP lawyers, enabling KPMG professionals to offer an international service to clients in this area.
In this issue, several developments in Intellectual Property law are analyzed. The IP legal framework in Vietnam is currently undergoing a lot of changes. An overview of the various measures is provided in our first article. A second article concentrates on the implementation of the EU Directive on certain aspects concerning contracts for the supply of digital content and digital services into German law. Other highlights deal with current topics such as the influence of open source software on artificial intelligence or the impact of COVID19 on IP practice in Vietnam.
Furthermore, various court decisions are analyzed, such as the recent decision of the General Court of the European Union with regard to the registrability of a sound mark, a ruling of the ECJ regarding the interaction between copyright and patents and a decision of the Czech Supreme Court on competing principles.
Check out the contribution from Belgium regarding a South Korean company marketing a bicycle in Belgium that resembled a folding bicycle, designed by a British company.
Discover the complete newsletter below.
The interaction between copyright and patents
The facts underlying the case were as follows: A South Korean company was marketing a bicycle in Belgium that resembled a folding bicycle, designed by a British company. As the latter’s patent on the bicycle was already expired, the British company sued on the basis of copyright protection. The South Korean company, however, argued that the conditions for copyright protection were not met since the appearance of the bicycle was exclusively dictated by its technical function.
A work is considered to be the "own intellectual creation" of the author when he/she made creative choices in creating the work. This condition cannot be fulfilled when the appearance is determined by technical considerations, rules or other limitations since these are in conflict with the creative freedom of the author.
In Belgium, the theory of multiplicity of forms, according to which a form is not considered necessary to obtain a technical result if there is evidence that other possible forms are available which allow the same technical result, applies in copyright law. Unsure whether this doctrine is consistent with European Union (EU) law, the Court in Liège asked the Court of Justice of the European Union (ECJ) two preliminary questions regarding the interaction between copyright and patents (and/or other intellectual property rights).
Discover the complete newsletter below.
