H Law

Article, 2004

Les dessins et modèles à l'heure du numérique

Summary

Article on the protection of digital aesthetic creations, such as the appearance of a website, a software icon or a video game character, by design law alongside copyright. It shows how Directive 98/71 and Regulation 6/2002 removed obstacles in the Benelux Uniform Designs Law, which required a material product with a utilitarian function. It then examines the exclusion of computer programs from the definition of a product and argues for a narrow reading: only the program itself is excluded, not its graphical user interface. The article reviews the registration of icons, screens and interfaces at OHIM and national offices, and recalls the advantages of registered designs over copyright.

Reference

H. Haouideg, « Les dessins et modèles à l'heure du numérique », R.D.T.I., 2004, n° 19, p. 7.

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