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The Italian Supreme Court rules on the copyright protection of a work included in an exhibition stand (and on the consequences of Cofemel)
The Court confirmed the judgment of the Milan Court of Appeal, which denied copyright protection to the lamp pictured on the left, in respect of the one on the right. It also mentions Cofemel and the need to disapply the artistic value requirement.
The Italian Supreme Court on the Piaggio Vespa: no to the 3D trademark, yes to copyright (even if it had no artistic value?)
The Court granted copyright protection but concluded that the shape of the Vespa might not be entitled to 3D trademark protection as it would be a “shape that gives substantial value to the product “. The next day, the EU General Court annulled the EUIPO BoA decision which had declared the same trademark null and void due to a lack of distinctive character.
Copyright protection of design works and the Italian requirement of “artistic value” after Cofemel
(picture by Lisa Fotios - pexels.com)
Three years after COFEMEL, the Italian trial courts still seem far from recognising that copyright protection cannot be conditional on the existence of any artistic value. Here are the most relevant decisions on the matter.