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.
- private law,
- IPR conflicts,
- Swedish copyright,
- IPR-Antitrust conflict
Available at: http://works.bepress.com/hans_henrik_lidgard/3/