There are many copies of motorcycles. And even more with the Arrival of Chinese motorcycles to the market. In fact, there are European manufacturers allowing the Chinese to copy their design to continue earning money: It is a long history. But there is a manufacturer whose design is specially protected: we talk about Vespa.
A motorcycle with copyright. Every vehicle manufactured and registered in the EU enjoys 25 years of protection for its design. If you want to go further, you have to register it as creative and artistic work. This is the case of Vespawho enjoys 70 years of author protection since the death of his creator, Corradino d’A Ascanio.
This happened in 1981, so the VESPA design is protected until 2051. It is recognized as a work of art, and in case of plagiarism it can be fought before justice, as explained in Motorpasion.
It is just what happened, with a bad start. In 2014, Vespa denounced before European justice a Plagiarism committed by Zhejianga Chinese manufacturer who claimed as his the design of a clonic scooter to spring 125. Four years later, in 2019, the General Court of the European Union determined that the intellectual property rights of Piaggio (brand after Vespa) had not been violated on this scooter, and dismissed the appeal.
“Since the relevant public that can buy lifts has a high level of attention, it will consider that the style, lines and appearance that characterize the vespa lx sterine are different, from the visual point of view, of those of the Zhejiang lift. Due to the different impressions that the two struts produce, there is no risk of confusion by the relevant public.”
According to The initial resolutionthe Intellectual Property Office of the European Union (EUIPO) failed in favor of a Chinese manufacturer who was clearly copying the design of the original VESPA.
A subjective interpretation. The Vespa case is governed by European Copyright Lawwhich protects the designs during the aforementioned 25 years, and for the protection of intellectual property of up to 70 years for the creation of original work.
One of the main problems of this law is that, in the case of vehicles, there is no absolute framework that supports the possible plagiarism. Everything falls to the Court’s own interpretation, which will determine or not whether there has been an infraction or not of the law. The pillars in which the Industrial Property Code They are the novelty, the creative character and artistic value, elements with an very high subjective load.
But he who follows her, gets her. Vespa did not give up the evidence that a Chinese brand were plagiarizing its design. Piaggio resorted to the Court’s decision and, four years later, he got the authority determine that Vespa’s pattern is “unmistakable and cannot be replicated”revoking your previous decision.
Image: Motorpasion
It is not Vespa’s first legal battle. Already in 2020, in full legal battle against Zhejiang, Grupo Piaggio denounced one of the brands that presumed in the eicma of Milan of their new scooters. One among which was A practically identical model to spring 125.
The bikes ended up being removed from the stands of the manufacturers, and not to say that their sale in Europe is completely prohibited. So far, anyone who has dared to copy Vespa, has ended his scooter outside the market.
Not the only work of art. Piaggio is the only manufacturer that registered Vespa as the work of art, but in the automobile world there have been some cases. The Porsche 911 is one of themdefending its iconic form in multiple judgments.
Other iconic models, such as Ferrari 250 Gtothey were also considered as a work of art after legally facing Ares Desingcompany that wanted to market a model replica. Despite the protection granted by the vehicle as a work of art, this is not a common practice in the automobile world, even in the luxury vehicle.
Replicas are still alive. Although legally the Vespa cannot be copied, its design continues to “inspire” numerous brands. Among them, the Spanish Velca. Beyond the similarity in the name, the manufacturer is expanding in Spain with scooters that inevitably remember Vespa.
It is not its own design, it comes from China, and is shared with many other brands. Another separate issue is that Piaggio did not want to face the numerous replicas that continue to exist in the market.
Who wants a Land Rover … having a Land Wind.
Reasonable similarities. Beyond engaging in judgments whose resolution nobody ensures (of not having claimed, Vespa would continue with their clones more alive than ever at the beginning), manufacturers can do little about copies. In the world of the car, Chinese copies are the order of the day, and In most cases nothing happens.
In the most rocambolesque cases, such as MV Augusta (one of the most exclusive luxury manufacturers of motorcycles), have come to ally with Chinese giants like QJ Motors to create replicas of the original models. Reason? Al become Chinese manufacturers, let them sell a cheaper substitute and collect benefits.
Image | Vespa
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