Court of Justice on protection of industrial design works under EU copyright law

On June 11, 2020 the EU Court of Justice (Case C-833/2018) has ruled on protection of industrial design works under EU copyright law (the product under exam was a bicycle which can be folded into three positions). Shape of a product solely dictated by a technical function cannot be covered by copyright. However, when the shape is only in part necessary to obtain a technical result there is room for the author to express his creative ability in an original manner by making free and creative choices in such a way that that shape reflects his personality. It is up to national courts to establish if that is the case by assessing all the relevant aspects, as they existed when the subject matter was designed, irrespective of the factors external to and subsequent to the creation.