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<p><OrderedList> <ListItem> <ItemNumber>(a)</ItemNumber> <ItemContent> <p>A personal intellectual creation within the meaning of Sec. 2(2) Copyright Act is a creation of individual character whose aesthetic content has reached such a degree that, in the opinion of circles receptive to art and reasonably familiar with artistic ideas, it can be considered an artistic achievement. The aesthetic effect of a design can only establish copyright protection if it is based on and gives expression to an artistic achievement. For copyright protection to be granted, there must be creative freedom that is utilised in an artistic manner. There can be no personal intellectual creation where there is no room for artistic design because the design is predetermined by technical requirements. An artistic achievement is no more and no less than a creative, original achievement in the field of art that reflects the individual personality of its author.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(b)</ItemNumber> <ItemContent> <p>For a work of applied art within the meaning of Sec. 2(1) No. 4 Copyright Act, as for all other types of work, to enjoy copyright protection, the requirement made of the level of originality must not be too low. A purely technical creation using formal design elements is not eligible for copyright protection. Rather, for copyright protection, a level of originality must be achieved that allows individuality to be recognised.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>(c)</ItemNumber> <ItemContent> <p>In copyright infringement proceedings, the plaintiff bears the burden of proof for the existence of a personal intellectual creation. They must therefore not only present the work in question, but also the specific design elements from which the copyright protection is to be derived. In the case of utilitarian objects, the extent to which they are artistically designed beyond their functional form must be precisely and clearly demonstrated.</p> </ItemContent> </ListItem> </OrderedList></p><p>...</p>

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“Birkenstock Sandal [Birkenstocksandale]”

  • 期刊论文

  • 发表日期：

    2025年6月24日

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摘要

(a)

A personal intellectual creation within the meaning of Sec. 2(2) Copyright Act is a creation of individual character whose aesthetic content has reached such a degree that, in the opinion of circles receptive to art and reasonably familiar with artistic ideas, it can be considered an artistic achievement. The aesthetic effect of a design can only establish copyright protection if it is based on and gives expression to an artistic achievement. For copyright protection to be granted, there must be creative freedom that is utilised in an artistic manner. There can be no personal intellectual creation where there is no room for artistic design because the design is predetermined by technical requirements. An artistic achievement is no more and no less than a creative, original achievement in the field of art that reflects the individual personality of its author.

(b)

For a work of applied art within the meaning of Sec. 2(1) No. 4 Copyright Act, as for all other types of work, to enjoy copyright protection, the requirement made of the level of originality must not be too low. A purely technical creation using formal design elements is not eligible for copyright protection. Rather, for copyright protection, a level of originality must be achieved that allows individuality to be recognised.

 (c)

In copyright infringement proceedings, the plaintiff bears the burden of proof for the existence of a personal intellectual creation. They must therefore not only present the work in question, but also the specific design elements from which the copyright protection is to be derived. In the case of utilitarian objects, the extent to which they are artistically designed beyond their functional form must be precisely and clearly demonstrated.

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