Article written by Michaël de Vroey, Simont Braun.
Another Belgian judgment applying #Mio
In a judgment rendered last week, the Brussels Court of Appeal denied copyright protection for both a cosmetic treatment device and its graphical user interface (GUI).
Relying on the CJEU’s hashtag#Mio / Konektra case law, the court recalls that copyright protection requires free and creative choices reflecting the author’s personality, which cannot be presumed and must be identified concretely. Mere aesthetic appeal, elegance or a distinct visual impression are insufficient. Copyright originality must not be confused with novelty or individual character under design law (express reference to Cofemel).
The device
The features relied upon were largely technically or functionally determined (e.g. central rectangular screen, slightly tilted display, metal plate for branding, handpiece holders, footed structure).
Where choices were possible, they were considered banal and commonplace, consistent with pre‑existing design trends (including tablet‑like devices such as the iPad and prior registered designs).
Even the combination and arrangement of these elements was not regarded as original, as it did not confer a unique expressive character. The court stresses that the mere existence of alternative designs does not, in itself, establish sufficient creative freedom.