CELEX: 62018CA0833
Language: en
Date: 2020-06-11 00:00:00
Title: Case C-833/18: Judgment of the Court (Fifth Chamber) of 11 June 2020 (request for a preliminary ruling from the tribunal de l’entreprise de Liège — Belgium) — SI, Brompton Bicycle Ltd v Chedech/Get2Get (Reference for a preliminary ruling — Intellectual and industrial property — Copyright and related rights — Directive 2001/29/EC — Articles 2 to 5 — Scope — Utilitarian object — Concept of ‘work’ — Copyright protection of works — Conditions — Shape of a product which is necessary to obtain a technical result — Folding bicycle)

17.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 271/9
            
         
      Judgment of the Court (Fifth Chamber) of 11 June 2020 (request for a preliminary ruling from the tribunal de l’entreprise de Liège — Belgium) — SI, Brompton Bicycle Ltd v Chedech/Get2Get
      (Case C-833/18) (1)
      
      (Reference for a preliminary ruling - Intellectual and industrial property - Copyright and related rights - Directive 2001/29/EC - Articles 2 to 5 - Scope - Utilitarian object - Concept of ‘work’ - Copyright protection of works - Conditions - Shape of a product which is necessary to obtain a technical result - Folding bicycle)
      (2020/C 271/12)
      Language of the case: French
      
         Referring court
      
      Tribunal de l’entreprise de Liège
      
         Parties to the main proceedings
      
      
         Applicants: SI, Brompton Bicycle Ltd
      
         Defendant: Chedech/Get2Get
      
         Operative part of the judgment
      
      Articles 2 to 5 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the copyright protection provided for therein applies to a product whose shape is, at least in part, necessary to obtain a technical result, where that product is an original work resulting from intellectual creation, in that, through that shape, its author expresses his creative ability in an original manner by making free and creative choices in such a way that that shape reflects his personality, which it is for the national court to verify, bearing in mind all the relevant aspects of the dispute in the main proceedings.
      
         (1)  OJ C 82, 4.3.2019.