The protection of practical works of art by copyright law depends on whether aesthetic feeling and functionality can be separated. For example, if the pen container is made by a little black boy and is original enough, this aesthetic feeling has nothing to do with the function of the pen container, and it can be protected by copyright (that is, the change of the shape of the pen container will not constitute the change of the function of the pen container, but it can be protected).
Patents may apply for protection of appearance patents.