Hero 359: The Lamy Safari Knockoff
A note on copyright and patent
Copyright is generally reserved for creative endeavors: a novel, a musical recording, a painting. Section 106 of the US Copyright Act of 1976 gives the owner of a copyright the exclusive rights to reproduce a work, prepare derivative works, and distribute copies of a work to the public by sale, lease, or rental. Well, clearly the Hero 359 is a derivative of the Lamy Safari! I don't disagree. However, copyright generally does not apply to "useful articles" which have a utilitarian function, such as clothing, furniture, vehicles, and even fonts and fragrances.
So how does Lamy protect its research and development of the Lamy Safari design if copyright protection is not available? Through patent protection. A patent gives exclusive rights to an inventor for a fixed period of time in exchange for the public disclosure of a new invention. There can be utility patents (that protect a functional process, machine, or article of manufacture), design patents (that protect ornamental design), and plant patents (that protect the breeding of agricultural good, such as apples). In this case, Lamy
filed to patent the ornamental design of the Lamy Safari in the USA on July 30, 1980. While I am not familiar with German patent law, I do know that most patents expire in 17-20 years--meaning the ornamental design of the Lamy Safari is no longer protected by patent.
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