Opinion of the European Copyright Society in Relation to the Pending Reference Before the CJEU in Cofemel v G-Star, C-683/17

Abstract

Opinion on the case in Cofemel v G Star Raw pending to the Court of Justice of the EU relating to the copyright/design interface. In essence, the question posed to the Court of Justice of the EU is whether Member States can still use a different requirement of originality for works of applied art than the requirement of the author's own intellectual creation. The opinion weighs the pros and cons of a positive or negative answer to this question.

Keywords: copyright, design, originality, works of applied art