1.

In the assessment of whether a subject matter of applied art merits the far-reaching protection of copyright as a work within the meaning of Articles 2 to 4 of Directive 2001/29/EC, (1) how should the examination be carried out — and which factors must or should be taken into account — in the question of whether the subject matter reflects the author’s personality by giving expression to his or her free and creative choices? In that regard, the question is in particular whether the examination of originality should focus on factors surrounding the creative process and the author’s explanation of the actual choices that he or she made in the creation of the subject matter or on factors relating to the subject matter itself and the end result of the creative process and whether the subject matter itself gives expression to artistic effect.

2.

For the answer to Question 1 and the question of whether a subject matter of applied art reflects the author’s personality by giving expression to his or her free and creative choices, what is the significance of the facts that

3.

How should the assessment of similarity be carried out — and what similarity is required — in the examination of whether an allegedly infringing subject matter of applied art is covered by a work’s scope of protection and infringes the exclusive right to the work which, according to Articles 2 to 4 of Directive 2001/29/EC, must be conferred on the author? In that regard, the question is in particular whether the examination should focus on whether the work is recognisable in the allegedly infringing subject matter or on whether the allegedly infringing subject matter creates the same overall impression as the work, or what else the examination should focus on.

4.

For the answer to Question 3 and the question of whether an allegedly infringing subject matter of applied art is covered by a work’s scope of protection and infringes the exclusive right to the work, what is the significance of