A logo may include visual elements
combining text with figurative components or consist solely of figurative
elements, designed to represent a specific entity or project. Under Article 5
of Kosovo's Law on Copyright and Related Rights, logos qualify for protection
as works of art.
Like any other work, a logo must be
original, reflecting the individual creativity of its author, to qualify for
copyright protection. No additional criteria are required. Due to this
originality requirement, it is not uncommon for a company’s logo to fail to
qualify as a copyrighted work. This raises a natural question: How much
original must a logo be to gain copyright protection? Judicial practice in each
country offers answers to this question, and the matter has also been recently addressed
by the competent court in Kosovo, specifically the Commercial Court.
In case no. KE 227/22, the Commercial
Court of Kosovo stated: "Logos containing basic geometric shapes,
standard letters, or common symbols, without significant creative elements, do
not exhibit a sufficient level of creative expression..." (Case No. KE
227/22, dated 27.03.2024, page 8). The court further elaborated: "To
meet the criterion of a copyrighted work, the logo must exhibit a level of
originality, creativity, and artistic expression that distinguishes it from
ordinary design, incorporating unique visual elements, a distinct presentation
style, specific visual concepts, and artistic techniques in form, text, and
color, reflecting the designer’s (author’s) creativity and individuality"
(Case No. KE 227/22, dated 27.03.2024, page 9). Therefore, to answer the
question raised in the preceding paragraph, judicial practice in Kosovo emphasized
that for a logo to qualify for copyright protection, it must go beyond basic or
common design elements and demonstrate originality, creativity, and artistic
expression that reflect the individuality of its creator.
When a work serves as a company logo,
however, the court introduced another “criterion,” considering that logos
fulfill an identification function. Specifically: "Logos with
functional or practical elements that identify a company or product do not meet
the criteria to qualify as copyrighted works" (Case No. KE 227/22,
dated 27.03.2024, page 8). Furthermore, the court noted: "In this case,
the BIODOM logo was designed to identify the plaintiff's company, BIODOM 27
D.O.O. Therefore, the court finds it does not qualify for protection under
Article 8 of Law No. 04/L-065 on Copyright and Related Rights" (Case
No. KE 227/22, dated 27.03.2024, page 9).
Automatically excluding a logo from
copyright protection simply because it serves as a company’s logo does not
align with the principles governing this field. Trademark protection does not
preclude copyright protection, and vice versa. A work of art, such as a logo,
can be protected as a trademark if registered with the competent administrative
authority and used to identify the origin of goods or services offered by a
business. However, it can also be protected by copyright for its creative
aspect. While trademarks safeguard a logo’s distinctive function, copyright
protects its artistic creativity.
Moreover, Article 5 of the current Copyright Law, as well as the previous Copyright Law referenced by the court, establish originality—the creative aspect—as the sole criterion for a work to qualify for copyright protection. The current law explicitly states that no other criteria can be applied to determine whether a work qualifies as a copyrighted work. This principle applies to all copyrighted works, including logos as works of art. Therefore, judicial practice should clearly and accurately reflect this principle of copyright law, even when the object under consideration is a work of art used as a company logo.
This article
was originally published in Logo
as a work of art: Perspectives from judicial practice in Kosovo
