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.
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Cofemel – Sociedade de Vestuário SA v. G-Star Raw CV Directive 2001/29/EC, Art. 2(a); Directive 98/71/EC; Regulation (EC) No 6/2002. “Cofemel”. IIC 51, 499 (2020). https://doi.org/10.1007/s40319-020-00935-w
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DOI: https://doi.org/10.1007/s40319-020-00935-w