The Court of Justice of the European Union (CJEU) has clarified that works of applied art are subject to the same originality requirements as other creative works. The ruling, in the Joined Cases Mio (C-580/23) and USM Haller (C-795/23), confirms that "no stricter requirements" apply for copyright protection of applied art.
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The court emphasised that the possibility of a similar creation alone does not justify denying protection. To establish infringement, it is necessary to determine whether the creative elements of the protected work have been reproduced in a recognisable manner. Factors such as the overall visual impression of the two works or the degree of originality of the original work are irrelevant in this assessment.
The decision is expected to have a significant impact on copyright enforcement for industrial and applied art designs, ensuring they receive consistent protection alongside traditional artistic works. A more detailed analysis of the ruling will be published on the Class99 blog of Marques next week.
Source: LinkedIn.
