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Authors
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Abstract(s)
In a decision dealing with lamp-posts, the Spanish Supreme Court had the opportunity, which it apparently forwent, to clarify the state of the law on the design and copyright cumulation. According to the court, in order to protect a design under copyright, the requirements of design law are not sufficient: ‘a plus of creativity’ is needed. The ruling rejected the full cumulation model while raising a lot of questions.
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Pedagogical Context
Citation
SOUSA E SILVA, Nuno - Novelty is not enough: Spanish Supreme Court rejects unity of the art in an enigmatic decision. Journal of Intellectual Property Law & Practice. ISSN 1747-1540. Vol. 8, n.º 11 (2013), p. 825-826
Publisher
Oxford University Press