The upcoming Mio/konektra judgment: What the CJEU should decide regarding the copyright infringement test By Eleonora Rosati on Thursday, September 18, 2025 CJEU Cofemel copyright Eleonora Rosati Funke Medien Infopaq infringement infringement test konektra C-795/23 Kwantum Mio C-580/23 originality recognizability works of applied art +
CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention By Eleonora Rosati on Monday, October 28, 2024 Berne Convention CJEU Cofemel copyright designs Eleonora Rosati Flos Infopaq Kwantum originality reciprocity works of applied art +
When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral By Eleonora Rosati on Wednesday, January 17, 2024 Article 2 InfoSoc Directive C-649/23 CJEU copyright creativity critical editions derivative works Eleonora Rosati free and creative choices Infopaq Institutul G. Călinescu originality work +
“Vaccinated, chipped, dewormed” insufficiently original to be protected by copyright By Anastasiia Kyrylenko on Wednesday, December 27, 2023 Anastasiia Kyrylenko author's own intellectual creation Germany Infopaq originality +
Germany’s Federal Court of Justice applies CJEU Cofemel guidance, considering it ‘clear’ that works of applied art are to be treated like other works and no new CJEU referral is needed By Eleonora Rosati on Monday, April 03, 2023 BGH Brompton Bicycle Cofemel copyright designs Eleonora Rosati Flos German Copyright I ZR 173/21 - Vitrinenleuchte Infopaq originality works of applied art +
UK court discusses copyright protection of fictional characters and defences for parody and pastiche By Eleonora Rosati on Thursday, June 09, 2022 [2022] EWHC 1379 (IPEC) CDPA characters Cofemel copyright Deckmyn Eleonora Rosati fictional characters Infopaq Levola Hengelo Parody pastiche Response Clothing UK +
[Guest post] Second time is a charm: Danish design company wins plant box war By Eleonora Rosati on Sunday, May 08, 2022 Alex Woolgar applied art Cofemel copyright Denmark Guest post Hanne Kirk Infopaq originality Painer plant box +
Jeff Koons loses (again) in France: his Fait d'Hiver found to infringe copyright in Franck Davidovici's own Fait d'Hiver By Eleonora Rosati on Thursday, March 11, 2021 copyright Deckmyn Eleonora Rosati france Franck Davidovici Freedom of expression Infopaq Jeff Koons Parody +