Originality

113 articles available

On 8 May, coinciding with the 80th anniversary of the end of WWII, Advocate General Szpunar delivered his long-awaited opinion in joined cases Mio/konektra (C-580/23 and C-795/23). The two cases were…

  Image by Jakub Wyczik, using AI. Recently, there has been a lot of suggestions that the U.S. Copyright Office is registering “AI-generated works.” Nonetheless, these are not actually AI-generated…

  Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling…

The long-awaited and much anticipated judgment of the Intellectual Property Enterprise Court (“IPEC”) in Waterrower (UK) Limited v Liking Limited (t/a TOPIOM) [2024] EWHC 2086 (“WaterRower”) was…

 Yesterday, the European Copyright Society (ECS) published its Opinion on the CJEU MIO/konektra cases C- 580/23 and C-795/23 (originality and infringement test of works of applied art).  The…

In Equisafety Ltd v Woof Wear Ltd (Equisaftey) Ian Karat sitting as a Judge in the Intellectual Property Enterprise Court (IPEC) rejected the Claimant’s copyright infringement claim in respect of…

 Just seven weeks after the release of the AG’s Opinion the Kwantum v. Vitra case was decided by the European Court. For Dutch background and early criticism, see my earlier blog. The main question…

  Image by 200 Degrees from Pixabay Code as a literary work Following lengthy discussion in the 1970s and 1980s, by 1991 in the EU and 1994 at the WTO level, the legal status of computer programs was…

    Earlier this year, the Italian Supreme Court (Corte di Cassazione) issued an order (Cass., ord. no.11413/2024) in a case concerning the protection by copyright of a lamp design. Part I of this…