Informace o publikaci
Relationship (concurrence) between copyright protection and design protection
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | The coexistence and interaction between copyright and design protection have become a central issue in European intellectual property law, especially in light of the 2024 EU design reform and recent CJEU case law. The presentation examines the growing practical importance of this overlap, driven by digitalisation, the rise of borderline creations, and the expanding subject matter now covered by design law, including virtual and time-based designs. While design protection has traditionally offered a short, formalised regime, copyright—once considered secondary for applied art—has gained prominence following Cofemel, which eliminated national aesthetic thresholds, and Brompton, which clarified the treatment of functionality within originality. The contribution provides a structured analysis of the historical fragmentation caused by Article 2(7) Berne Convention and divergent national doctrines, illustrated through Tod’s and Flos, where the CJEU progressively limited national discretion and promoted full cumulation of rights. It then discusses the reforms introduced by Regulation 2024/2822 and Directive 2024/2823, which align design–copyright concurrence with a unified EU originality standard and remove remaining Member State divergences. Finally, the presentation addresses pending CJEU cases (Mio, Konektra), which are expected to shape the contours of originality for functional and modular designs. Together, these developments indicate a long-term convergence of copyright and design protection and a shift toward a coherent EU framework for applied art. |