No copyright protection for tap designs, says Portuguese court

The issue of cumulative protection of copyright and designs is a fascinating and surprising one. The national traditions in the European Union are, as it is known, quite diverse and the debate on the meaning and repercussions of the Court of Justice of the European Union (CJEU) ruling in Case C-168/09 Flos v Semararo goes on. A second instance court in Portugal has taken an original, though not artistic, route. According to this decision, it is required that a design be registered in order to be protected under copyright. However, that is a necessary condition but not a sufficient one. The design has to also constitute ‘art’ and, according to the court, there is no artistic creation in taps.