Request for a preliminary ruling on whether the interpretation by the CJEU of Article 2(a) Copyright directive precludes national legislation
26-01-2018 Print this page
Case C-683/17. Request for a preliminary ruling. Supremo Tribunal de Justiça (Portugal).
Preliminary questions:
1. Does the interpretation by the Court of Justice of the European Union of Article 2(a) of Directive 2001/29/EC preclude national legislation – in the present case, the provision in Article 2(1)(i) of the Codigo de Direitos de Autor e Direitos Conexos (Code on Copyright and Related Rights) (CADC) – which confers copyright protection on works of applied art, industrial designs and works of design which, in addition of the utilitarian purpose they serve, create their own visual and distinctive effect from an aesthetic point of view, their originality being the fundamental criterion which governs the grant of protection in the area of copyright?
2. Does the interpretation by the Court of Justice of the European Union of Article 2(a) of Directive 2001/29/EC preclude national legislation - in the present case, the provision in Article 2(1)(i) of the CDADC – which confers copyright protection on works of applied art, industrial designs and works of design if, in the light of particularly rigorous assessment of their artistic character, and taking account the dominant views in cultural and institutional circles, they qualify as an ‘artistic creation’ or ‘work of art’?
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