Author:

Abstract

The chair you are currently sitting on, the desk you might be working at, or the laptop sleeve that may be in your bag: these are all examples of industrial design. These products are widely produced, and each contains a function.An example that illustrates the workings of this is the following: a contractor may be engaged by a client to design a product. The contractor designs the product according to the agreement, and in return receives compensation. The parties will enter into a special contract of assignment for this purpose, where the contractor undertakes the assignment, in this example the making of the chair.According to Article 1 of the Dutch Copyright Act, copyright belongs to the creator of the work.Based on this, you could state that the maker of the chair is the copyright owner of this product. This seems simple enough, however, it is a more complicated matter that it seems. This paper will serve as an overarching exposition of the legal bases as to which party constitutes as copyright owner. In addition to this, the contradictions that arise from these bases as well as the criticism on the evolution of these contradictions will be explored.

Keywords: intellectual property rights, copyright, design & industrial design