Jurisdiction(s):
United Kingdom

CJEU AG Szpunar: under the InfoSoc Directive, EU copyright covers non‑EU works of applied art; Member States cannot apply Berne reciprocity—Kwantum v Vitra (C‑227/23)

Published on: 25 October 2024

Published by a LexisNexis IP expert

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Article summary

What are the practical implications of this case?

The Court of Justice’s forthcoming judgment is poised to materially affect how EU Member States recognise works of applied art from non‑EU jurisdictions under the EU’s harmonised copyright rules. If AG Szpunar’s reasoning is endorsed, EU copyright protection would extend to designers based outside the Union who place their creations on the EU market. Such a judgment could create a landmark for the treatment of international copyright within the EU, encouraging more uniform standards of protection across Member States and shaping practice worldwide. By setting out firmer guidance on safeguarding foreign works, the ruling could foster greater certainty and fairness in copyright enforcement. That, in turn, would support both creators and companies and help build a more coherent global copyright architecture. As current EU rules arguably leave the cross‑border reach of copyright—and intellectual property more generally—unclear, the Court’s stance may spur legislative measures to deliver clearer answers. In addition, the Court...

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