IP Enforcement in the EU - Lessons Learned from the Lego Case

Introduction

Intellectual Property rights vesting in products prove as a valuable asset not only in terms of possible licensing cooperations, but also in terms of the protection of the products against look-alikes.

Lego’s building bricks as well as its figures have inspired children across the world since the late 70s.

With the recognisable features of the minifigures, must-fit building bricks and colorful imaginative play worlds, the company offers products which enjoy a huge reputation and attract almost naturally the attention of copycats.

In a recent judgement, the Regional Court of Düsseldorf decided in favor of Lego not only regarding the infringement of registered EU designs, but also on the basis of copyright infringement and unfair competition.

The proceedings were initiated after customs seized a consignment containing the infringing toy sets, so this decision provides a comprehensive overview from conditions of protection through to enforcement of IP rights.

What You Will Learn

This live and interactive session will cover the following:

• Strategy of holistic protection through IP rights
• 3D trademarks:
• Conditions for protection
• Acquired distinctiveness
• Registered designs:
• Must-fit exception
• Modular design
• Copyright:
• Condition for protection, works of applied art
• Enforcement against infringements
• Reputation and unfair competition:
• Supplementary protection of IP related rights under competition law
• Conditions of competitive originality
• Customs enforcement of IP rights

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.