EU – IP Law for Design Rights

EU – IP Law for Design Rights

In G-Star v Cofemel's case, G-Star accused Cofemel of making clothes that stole some of the designs of G-Star. Historically, it is accepted that any original subject matter that involves the creative development of a writer can be considered as a' book' within the scope of the copyright directive. Besides, secondary EU law has provided safeguards of models that could be enforced by the copyright directive. Design can also be a' work' in a particular case. Protection of designs is intended to protect subject matter that is new and distinctive but also functional and is likely to be mass-produced.

Protection of models is intended to protect objects that are unique and different, but also practical and likely to be manufactured for mass production. Design protection is applicable for a limited period, ensuring a return on the investment necessary for the creation and manufacture of the subject without excessively restricting competition. By addition, copyright protection lasts longer and is only for subject matter that can be marked as' works.' The granting of copyright protection to subject matter already protected as a design must not undermine the respective goals and effectiveness of the two sets of rules and, therefore, the granting of both protections will only work in certain situations.

In this case, the Court stated that' the aesthetic impact created by design does not constitute a variable important to deciding whether that design can be counted as a' project' in a particular case because such anaesthetic effect is subjective.' Therefore, if the designs create a particular visual impact (over and above their practical purpose), it does not in itself imply that these designs are' plays' and can also be covered under copyright, but this is likely in some situations.