Algunas reflexiones en torno a la naturaleza híbrida de las creaciones de forma y su tutela inmaterial

  1. Marcos Cruz González
Journal:
Revista Electrónica de Direito. RED

ISSN: 2182-9845

Year of publication: 2024

Volume: 33

Issue: 1

Type: Article

More publications in: Revista Electrónica de Direito. RED

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.