|
11.11.2019 |
EN |
Official Journal of the European Union |
C 383/12 |
Judgment of the Court (Third Chamber) of 12 September 2019 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Cofemel — Sociedade de Vestuário, SA v G-Star Raw CV
(Case C-683/17) (1)
(Reference for a preliminary ruling - Intellectual and industrial property - Copyright and related rights - Directive 2001/29/EC - Article 2(a) - Concept of ‘work’ - Protection of works by copyright - Conditions - Connection with the protection of designs - Directive 98/71/EC - Regulation (EC) No 6/2002 - Clothing designs)
(2019/C 383/10)
Language of the case: Portuguese
Referring court
Supremo Tribunal de Justiça
Parties to the main proceedings
Appellant: Cofemel — Sociedade de Vestuário, SA
Respondent: G-Star Raw CV
Operative part of the judgment
Article 2(a) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as precluding national legislation from conferring protection, under copyright, to designs such as the clothing designs at issue in the main proceedings, on the ground that, over and above their practical purpose, they generate a specific, aesthetically significant visual effect.