The Swiss Federal Supreme Court’s Fire Ring Decision and the Evaluation of Works of Applied Art Under Copyright Law – A Burning Topic

Abstract

Abstract In its most recent Fire Ring decision, the Swiss Federal Supreme Court had to rule on the copyright protection of works of applied art for the first time in several years. Works of applied art are included in the Swiss Copyright Act in Art. 2(2)(f) as a separate category of protected works, distinguished from other categories of works because they serve a utilitarian purpose and combine practical applicability with an additional aesthetic appeal. In light of the most recent CJEU decisions regarding copyright protection of works of applied art and industrial design, specifically its decisions in Brompton (GRUR International 2020, 969) and Cofemel (GRUR International 2020, 322) the Swiss Federal Supreme Court had the opportunity – not being directly bound by Union law – to position itself with regard to EU judicial practice and at the same time update its own sparse and partly outdated case law. However, it clearly failed to do so, not only from a legal-theoretical perspective but also from a case-specific perspective, and this raises some additional questions that deserve to be addressed.