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The concept of aesthetic creative freedom in design, copyright, and trademark law - a European perspective

In: Design Law

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  • Henning Hartwig

Abstract

It is a well-established adage in European design, copyright, and trademark law that the scope of protection of the design, work, or trademark correlates with the degree of departure from the existing design corpus or variety of forms, i.e., the ‘degree of creative freedom exercised’ in the words of the CJEU. This chapter will delve into the question of whether there are limits to aesthetic creative freedom and, if so, what they are, discussing most recent case law and the brand-new referral to the CJEU (C-580/23), which has the potential to re-shape EU copyright law. Do boundaries differ depending on the underlying IP right? Might there be even more similarities than differences? In short: Where do design, copyright, and trademark law eventually meet?

Suggested Citation

  • Henning Hartwig, 2024. "The concept of aesthetic creative freedom in design, copyright, and trademark law - a European perspective," Chapters, in: Dana Beldiman (ed.), Design Law, chapter 17, pages 541-581, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20722_17
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800886520.00031
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    Law - Academic; Law - Professional;

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