This article examines the interface in copyright and design law in Denmark and with accounts also for Norway and Sweden. It is pointed out how Scandinavian courts have historically employed several strategies to limit copyright protection of works of applied art including 1) “raising the bar” to keep works with “clear functional intentions” out of copyright (as seen in Norway and until recently also in Sweden) and 2) narrowing the scope of protection (seen in all three nations). It is finally pointed out how, presently, it is doubtful to what extent the de-velopment in EU law will allow these models developed in national law to continue.
Tilgængeligt på http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2799671
Antaget til udgivelse i 'The Copyright/Design Interface: Past, Present and Future, CUP (forthcoming).