Trade mark protection after the expiration of copyright: The municipality of Oslo’s controversial way to protect the work of Gustav Vigeland

Judgment of the EFTA Court of 6 April 2017 in Case E-5/16 “Municipality of Oslo” E-5/16

Abstract

This commentary analyzes the judgment of the European Free Trade Association (EFTA) Court of 6 April 2017 in Case E-5/16 concerning trade mark protection of works pertaining to the public domain. The judgment relates to the intention of the municipality of Oslo to register multiple works of art by Gustav Vigeland, one of the most eminent of Norwegian sculptors, as trade marks. The Court thoroughly analyzed the grounds for refusing the registration and focused on the contradiction with public policy or accepted principles of morality and the issue of cultural heritage.