Just a few days before Europe headed into the 2010 Christmas break the General Court released a range of decisions that had a very festive topic as if the Court had scheduled it right on time to get into the right Christmas mood. The Court dealt with the question whether the three-dimensional form of a chocolate object and/or its wrapping was suitable to be registered as a Community Trademark. In this specific case, the decisions dealt with a particular shape of a sitting chocolate Easter Bunny (Case No. T-395/08), the same bunny but in a golden wrapping and a red pleated ribbon with a bell around its neck (Case No. T-336/08), a reindeer, also in a golden wrapping with the same red ribbon and bell around its neck (Case No. T-337/08) and finally the red pleated ribbon with the bell itself (Case No. T-346/08). Weiterlesen über How distinctive is the Easter Bunny? Or Rudolph the red-nosed trademark?

Instead of the ©, there might be a reference to §§ 53, 54 UrhG, which regulate the admissibility of replication and the duty of compensation, and to § 106 UrhG, regulating the criminal liability of unauthorized use. Weiterlesen über What does the sign © mean?

1. Lingual works as writings, speeches, computer programs
2. Works of music
3. Pantomimical works and dance art
4. Fine arts, including architecture and applied art, as well as there outlines
5. Photographical works, including similarly constructed works
6. Film works including similarly developed  works
7. Scientific and technical representations e.g. drawings, plans, maps, outlines, etc.

The copyright comes into existance with the creation of the work, not depending on its publication. An unpublished manuscript contains the same copyright protection as a painting exhibited in a museum. In contrast to trademarks, designs and patents, the copyright does not have to be registered and no fees. Weiterlesen über What is a Copyright?

A design is a commercial property right, which assigns an exclusive right of use for an esthetic design - meaning the outer appearance of products - to its proprietor. As designs, you could protect: Two- or Three-dimensional appearances, with a certain design or color, form, shape, material, logos, icons, surface structure (e.g. the outward appearance of a mobile phone, an electrical device, a handbag, a lamp etc.). BUT: No computer programs, no appearing attributes that only depend on their technical function, or those having to be rebuilt to enable the construction of another product. Weiterlesen über What is a Design?