2. What are the conditions of protection?
Although they both concern the appearance of a product or part of a product, i.e. its artistic, ornamental or aesthetic character, copyright and design law are not governed by the same conditions of protection.
2.1 Conditions of copyright protection
To be protected by copyright, a work of the mind must meet two conditions:
be original;
comply with a formal requirement.
First and foremost, the creation must be original. According to established case law, this means that the creation must bear the stamp of its author's personality, or manifest the author's intellectual effort (see
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What are the conditions of protection?
Conditions for protection under design law
Bibliography
J. Passa, Traité de droit de la propriété industrielle , Tome 1, 2 e edition, 2009, n°680.
R. Bertrand, Dalloz action droit d'auteur, Chap. 107 Champ de protection du droit d'auteur, La forme doit-elle être visible? pt. 107-24, dalloz.fr.
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