On April 6, 2017, a court in Turin ruled that the cult Vespa scooter is an industrial design work of art. All variants of the tin scooter from 1948 onwards are works of art and therefore protected by copyright. At the same time, the court prohibited the Chinese company Zhejiang Zhongneng Industry Groups from selling its “clones” in Italy.
Chinese manufacturer builds Vespa clone
Zhejiang Zhongneng sold its “Ves” scooter model in Italy and elsewhere. However, the model looked remarkably similar to a “Vespa LX” from 2005, which is why the Vespa manufacturer Piaggio took legal action in the Italian courts against the sale of the Vespa clone.
Vespa models enjoy copyright protection
According to the Turin court, every “Vespa” is an industrial design work of art and is therefore protected by copyright. On this basis, the court therefore prohibited the Chinese manufacturer Zhejiang Zhongneng from marketing the “Ves” scooter in Italy. Unlike other manufacturers, Zhejiang Zhongneng did not have a valid license to use the design.
Copyright protection also conceivable under German law
Copyright protection would also be conceivable under German law. For example, the “Vespa” could be a work of applied art, § 1, 2 para. 1 No. 4 UrhG. The cult scooter has a utilitarian purpose, but is also artistically designed. However, the requirements for the level of creation are higher than those for pure art. In addition to the technical requirements of the design, an artistic level of creativity must also be achieved. The artistic design of the Vespa not only follows the technical function, but is also characterized by its aesthetic design.
If the Vespa design were registered with the German Patent and Trademark Office (DPMA), it could enjoy protection under design law in addition to copyright protection.
Reproduction only with valid license
The company LML in India is still permitted to rebuild the Vespa PX as it was built from 1977 to 1995. Following the end of its collaboration with Piaggio, the Indian company still has the license to rebuild the scooters using original Piaggio tools.
Meanwhile, Piaggio welcomes the ruling as a “historic judgment” in the fight against product piracy.