Applied Art And Copyright Protection In The EU

Should 'applied art', such as furniture or modular design systems, be subject to a stricter test of originality in copyright law than other works, such as paintings or novels?This fundamental question was considered recently in the EU in the joined cases C-580/23 (Mio) and C-795/23 (konektra/USM), as Bart van Blokland explains.

Different EU member states hold differing opinions on the copyright protection of applied art. For example, the well-known Birkenstock sandals were not recognised as a copyright-protected work in Germany, whereas the Ganni Buckle Ballerina shoe was in Denmark.

Case law does not show a clear picture in the Netherlands either. For example, bicycle bags were considered copyright-protected works, while cheese slicers were not. This inconsistency in the application of EU copyright law can lead to legal uncertainty for designers and companies operating in multiple markets within the EU.