Inspiration eller intrång : En studie av skyddsomfånget inom möbelindustrin
Abstract (Summary)This study analyses the scope of protection that a furniture original are entitled to. Specificly to what extent a designer can be inspired of an original before the inspiration exceed to be an infringement in a protected right. A quality design requires an economic effort, which involves a certain degree of risks. The protection of the design helps the designer to retrieve its investment. In the European Union the area is regulated by the directive of legal protection of designs and the council regulation on community designs. The appearance of the design is protected on the same basis in both regulations and includes every design which does not give the same general impression on the competent user.In the Swedish legislation the area is regulated by the design protection Act and the copyright protection Act. The appearance of the design is protected against all similar designs which does not give the competent user another general impression. The copyright protection Act protects works of applied art and the protection arises without registration. To receive protection the law requires a level of creativity, which is determined by the so called double creation criteria. The double creation criteria im-ply that another designer, unaware of the protected design, should not be able to reproduce the protected design. The copyright protection Act gives in general a more narrow scope of protection and it is therefore often harder to receive protection by the copyright Act. Relevant existing case law is limited. The Swedish society of crafts and design’s Opinion-committe is a honorycourt which present statements on questions regarding copyright. The statements can not be compared to case law as a result they have no major importance. The design protection Act protects registered designs against all reproduction that falls within the scope of protection. How large the scope of protection is considered to be is difficult to conclude. The preparatory work states that because of the given common form that furniture possesses, the scope of protection is regarded as nar-rowed.
School:Högskolan i Jönköping
Source Type:Master's Thesis
Date of Publication:06/15/2005