Copyright seeks to protect literary and artistic works and encompasses both economic rights and personal rights, known as moral rights. Its primary function is the protection of intellectual creation as a cultural and creative expression.
Industrial Property rights, in turn, aim to grant exclusive market rights over distinctive signs, inventions, and industrial designs or models, assuming an eminently economic and competitive character.
Despite their conceptual and functional differences, these regimes do not operate in isolation. On the contrary, they display areas of convergence that allow for an articulated and complementary use, often integrated into an Intellectual Property management strategy focused on value creation and preservation.
A paradigmatic example of this complementarity is the case of Disney’s character Mickey Mouse. In 1928, Walt Disney first published his work entitled “Steamboat Willie”, through which the public had its first contact with what would become one of the most iconic figures in popular culture.
Accordingly, Walt Disney, as the author, held both the moral and economic rights – that is, the exclusive right of economic exploitation – over the character, protecting its stories, animations, adaptations and other associated creative content.
It should be noted that, in the absence of a special provision, copyright expires 70 years after the death of the intellectual creator, even where the work is published or disclosed posthumously.
The year 2024 was marked by the fact that Mickey Mouse (in its original 1928 version) entered the public domain, as the term of moral rights protection associated with that work expired.
However, the protection of Mickey Mouse does not end with copyright, extending to Industrial Property Rights, namely trademark registration, whose protection is granted for renewable periods of 10 years, with no limitation on the number of renewals.
This means that, in addition to copyright protection, Mickey Mouse, as a distinctive sign, is also protected as a figurative – and in some cases mixed – trademark, thereby allowing its owner, Disney, to retain exclusive rights to use the character across its various products and services.
This example clearly illustrates how Copyright and Related Rights and Industrial Property regimes can operate together to protect and enhance intellectual creations. This strategic approach made it possible to protect – within temporal limits – the artistic expression of Mickey Mouse, while simultaneously and potentially perpetually safeguarding its commercial value and brand identity.
Another case demonstrating the interconnection of these regimes is the Cofemel (known for the Tiffosi and Salsa brands) v. G-Star litigation, a well-known dispute concerning denim jeans that originated in Portugal and ultimately led to significant case law from the Court of Justice of the European Union (CJEU).
In brief, G-Star, a well-known UK fashion brand, brought legal proceedings against Cofemel, alleging that the latter was manufacturing and marketing jeans whose configuration (design) resembled that of certain G-Star products, which were protected by copyright, thereby granting protection against unauthorized reproduction.
The central issue was whether the design of an industrial product may qualify as a “work”, if it constitutes an original intellectual creation, regardless of its aesthetic or functional value.
The CJEU clarified that copyright protection is not excluded merely because a creation forms part of an industrial context, provided that the requirement of originality is met.
This interpretation reinforces the logic of complementarity between regimes and broadens the range of legal instruments available for the protection of creations in a business context.
It is no coincidence that the Enforcement Directive (Directive 2004/48/EC) establishes that intellectual property encompasses, in a broad sense, two branches: (i) industrial property, comprising inventions (patents), trademarks, industrial designs and models, and designations of origin; and (ii) copyright, covering literary and artistic works.
In the context of innovation, branding and the digital economy, effective IP protection requires an integrated reading of these regimes, aligned with the strategic objectives of organizations.
Belzuz Abogados, S.L.P. has lawyers with extensive experience in Intellectual Property Law, providing legal advice in the definition and implementation of strategies for the protection and defense of intangible assets.