News:Jurisprudence

A single 3D object may be protected by both copyright and design rights. This combined protection is not automatic; it must be demonstrated by the party claiming intellectual property rights. If this protection is recognised in court, the existence of infringement must still be proven. This is not always straightforward, as this case illustrates.

A claim for infringement based on a breach of copyright and trade mark rights requires the claimant to prove that they are indeed the exclusive and undisputed owner of the rights in question. They must therefore demonstrate their standing for their infringement claims to be considered by the court and for their loss to be compensated. If they fail to do so, their claim will be declared inadmissibl...