On 4 December 2025, the Court of Justice of the European Union (CJEU) ruled in the joined cases of Mio (C-580/23) and Konektra (C-795/23). Both cases revolve around an interesting and topical issue: copyright protection for works of applied art. This ruling was eagerly awaited in copyright circles.
For MARQUES , I wrote an article on the Court’s main considerations regarding the requirements for protection and the infringement test. Among other things, the judgment considers that no other requirements should be imposed on works of applied art. And that when assessing copyright infringement, it should be determined whether creative elements of the protected work have been reproduced in a recognisable manner in the allegedly infringing work; the overall impression created by the two works in question is irrelevant.
Read more in the article .
Together with some members of the MARQUES Copyright Team, I wrote a follow-up article with initial reactions to this judgment from IP specialists from various EU Member States. Read this post here.
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