Facts
Späti Laden- und Kioskbau AG, a company specialized in store and kiosk construction, created a project in 1969 for the renovation and facade design of a confectionery and bakery in Baar. The owner of the confectionery, Stierli, initially commissioned Späti AG with this project, but then decided to have the renovation carried out by another company, Buob. Späti AG subsequently sued Stierli for damages, as it believed that Buob had slavishly imitated its project.
The High Court of the Canton of Thurgau dismissed the claim, as it did not consider Späti AG's project to be eligible for copyright protection. Späti AG then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that Späti AG was indeed entitled to copyright protection for its project. It stated that the Copyright Act (URG) also protects works of interior design, as long as they are based on a creative idea and exhibit a certain originality. The interior designer does not necessarily have to create something completely new, but it is sufficient if they find a solution through personal…