Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België
Kluwer Copyright Blog
MAY 1, 2024
Judicial harmonization, notably in Cofemel ( C-683/17 ) and Brompton Bicycle ( C-833/18 ), extended the originality requirements to all works–including works of applied art–limiting Member States’ autonomy. The proposed Design Directive and Regulation maintain the cumulation principle, aligning with CJEU case law on originality.
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