Unité De L’Art Is Here to Stay - Cofemel and Its Consequences

23 Pages Posted: 12 Dec 2019

See all articles by Annette Kur

Annette Kur

Max Planck Institute for Innovation and Competition

Date Written: December 9, 2019

Abstract

In Cofemel the CJEU declared that the criteria for assessing whether subject matter is protected as a work under copyright law are the same for design objects (“works of applied art”) as for other work categories. While the CJEU tries to indicate that the “unité de l’art”-approach thus adopted does not result in a near-complete cumulation of protection under copyright and design law, it is difficult to see how that could work in practice. Rather than relying on non-transparent and inconsistent differentiation schemes the recommendable strategy in response to the situation is to align the two fields as much as possible, in particular with regard to the respective catalogues of limitations.

Keywords: applied art, industrial design, cumulation, repairs clause, referential use of designs

Suggested Citation

Kur, Annette, Unité De L’Art Is Here to Stay - Cofemel and Its Consequences (December 9, 2019). Max Planck Institute for Innovation & Competition Research Paper No. 19-16, Available at SSRN: https://ssrn.com/abstract=3500845 or http://dx.doi.org/10.2139/ssrn.3500845

Annette Kur (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
371
Abstract Views
1,034
rank
112,203
PlumX Metrics