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Swedish copyright evergreens Mini-Maglite?

Lidgard, Hans Henrik LU (2010) In Swedish Studies in Law
Abstract
In April 2009 the Swedish Supreme Court recognized copyright protection for the Mini-Maglite® torch as “artware” without any requirement for a special expression level. The overall impression of the well known Mini-Maglite torch was held to be different from other similar torches.The Court held that it displayed a sufficient degree of independence and originality despite the fact that the functional design properties of the torch are neither new nor original. This article investigates the intersection between different IPR rules in Sweden and certain other European countries and the possible extent of the copyright legislation. It concludes that the Swedish position is untenable and that this demonstrates that there is a need for the... (More)
In April 2009 the Swedish Supreme Court recognized copyright protection for the Mini-Maglite® torch as “artware” without any requirement for a special expression level. The overall impression of the well known Mini-Maglite torch was held to be different from other similar torches.The Court held that it displayed a sufficient degree of independence and originality despite the fact that the functional design properties of the torch are neither new nor original. This article investigates the intersection between different IPR rules in Sweden and certain other European countries and the possible extent of the copyright legislation. It concludes that the Swedish position is untenable and that this demonstrates that there is a need for the European harmonization of substantive copyright legislation (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
civilrätt, private law, IPR conflicts, Swedish copyright, IPR-Antitrust conflict
in
Swedish Studies in Law
editor
Pehrson, Lars
publisher
Nätverket för Europarätt
language
English
LU publication?
yes
id
827c9b0d-38ba-4d78-a2e6-7021ac5daa0e (old id 1528209)
alternative location
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1456392
date added to LUP
2010-01-21 11:31:49
date last changed
2016-04-16 10:19:44
@misc{827c9b0d-38ba-4d78-a2e6-7021ac5daa0e,
  abstract     = {In April 2009 the Swedish Supreme Court recognized copyright protection for the Mini-Maglite® torch as “artware” without any requirement for a special expression level. The overall impression of the well known Mini-Maglite torch was held to be different from other similar torches.The Court held that it displayed a sufficient degree of independence and originality despite the fact that the functional design properties of the torch are neither new nor original. This article investigates the intersection between different IPR rules in Sweden and certain other European countries and the possible extent of the copyright legislation. It concludes that the Swedish position is untenable and that this demonstrates that there is a need for the European harmonization of substantive copyright legislation},
  author       = {Lidgard, Hans Henrik},
  editor       = {Pehrson, Lars},
  keyword      = {civilrätt,private law,IPR conflicts,Swedish copyright,IPR-Antitrust conflict},
  language     = {eng},
  publisher    = {ARRAY(0xcf5de38)},
  series       = {Swedish Studies in Law},
  title        = {Swedish copyright evergreens Mini-Maglite?},
  year         = {2010},
}