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Court of Justice clarifies originality test for copyright protection for designs (Cofemel)

Court of Justice clarifies originality test for copyright protection for designs (Cofemel)
Published on: 12 September 2019
Published by: LexisPSL
  • Court of Justice clarifies originality test for copyright protection for designs (Cofemel)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Court of Justice has given judgment that Member States will have to provide for copyright protection of works of applied art, in other words, designs, using the ‘author’s own intellectual creation’ originality test, and will no longer be able to require a higher level of originality (such as artistic merit or value) for them. or take a trial to read the full analysis.

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