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UNION-IP Round Table Friday 8 November 2024: Protecting Functional Designs and Works of Art
Functionality has been a debate for long time in the field of design and copyright protection. A balance needs to be made so as not to circumvent patents for protecting products with technical functions, whilst not being too restrictive to prevent any product with technical function from being eligible for design or copyright protection. The CJEU's Doceram and Bromptom judgements have offered guidance on how to address functionality for design and copyright protection, respectively. The present Round Table aims to focus on the lessons learned and practices throughout various European jurisdictions.