Some thoughts regarding the hybrid nature of shape creations and their intellectual property right protection

Marcos Cruz González

Keywords

Interfaces; hybrid intangible goods; Industrial Design; Patent; Copyright; work of art.

Abstract

As markets mature and become saturated with replicant products and services, aesthetic innovation becomes in itself an adequate medium in order to channel competitive pressure towards the development of new creative boundaries, allowing not only an improvement on a static basis, but also providing products with certain forma uniqueness. However, providing appropriate protection to such aesthetic creations turns out a really complex task, provided that shape and creativity commonly overflow the different instruments provided from Intellectual Property grounds. This paper reflects, from an interface exclusive standpoint, upon the intricate link between aesthetic and technical properties of the shape and the harmonization of Design with other neighboring figures, encompassing a critical view regarding some of the most recent European decision in this regard.