Originality

116 articles available

The Polish Supreme Court held that the creative (original) nature of a work protected by copyright may manifest itself in the creative, new and simplified combination of known elements e.g. insurance…

 In a recent UK judgment, Neptune (Europe) Limited v deVOL Kitchens Limited, Neptune was unsuccessful in its claim against a fellow kitchen designer, DeVOL. DeVOL’s ‘Shaker’ kitchen was found not to…

A full summary of this case has been published on Kluwer IP Law The Supreme Court held that even in cases where many photographs are involved, the courts must carry out a separate examination of each…

  On 21 May 2015, the IP specialist chamber of the High Court of First Instance of Paris handed down one of its worst rulings in copyright law: in breach of the most basic EU and French copyright law…

A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. In this judgment, the Spanish Supreme Court ruled on the concept of…

 The Spanish Supreme Court has recently ruled on the concept of originality in respect of architectural works, and for the first time has established clear and specific guidelines for applying…

A full summary of this case has been published on Kluwer IP Law The Supreme Court provided guidance on how to assess whether a work should be considered to be an adaptation, within the meaning of…

A full report of this case has been published on Kluwer IP Law. In this interesting case, the Supreme Court of Estonia examined whether the answers given by the claimant in the framework of an…

Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law?  Apparently it can, at least according to the Court of Turin, which…