Proteção autoral para modelos de vestuário? (ac. do tribunal da União Europeia no caso cofemel/g-star (c-683/17 de 12.09.2019)

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Abstract

The Cofemel case concerns the relationship between copyright protection and design protection of works of applied art under art. 2, al. a) of the InfoSoc. Directive. The CJUE decided that these are included in this article, since the notion of work is an autonomous EU notion that applies uniformly in all Member States, that cannot demand more reqirements for protection by Copyright of designs in cases of overlapping of protections with Industrial Property Law. The marked aesthetic visual effect, which goes beyond its functional objective, as is the case with the cloting models under analysis, is not sufficient for its qualification as a work, under above mentioned article. Regrettably, the Cofemel judgement is purely descriptive, providing no assessments that would allow to specify better the concept of originality in applied works of art and also does not provide any solid basis regarding the legislative policy to be followed in terms of partial overlapping of protections as a work and as design, namely in terms of adequacy of limitations and exceptions, and other aspects which are necessarily different in each case. That is a task to fulfill de lege ferenda.
Original languagePortuguese
Pages (from-to)923-944
Number of pages22
JournalAnais do Congresso de Direito de Autor e Interesse Público
Publication statusPublished - 2021
EventXIV Congresso de Direito de Autor e Interesse Público (CODAIP) -
Duration: 3 Nov 20206 Nov 2020

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