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Limits of copyright in design, definition of originality set to tax EU judges

By Inbar Preiss ( May 9, 2025, 13:53 GMT | Comment) -- Debate over how far copyright should extend into design has been reignited with a legal opinion this week that the EU's top court should apply a unified originality standard to all creative works, including functional designs. Ahead of the court's judgment on cases related to furniture design, Advocate General Maciej Szpunar's non-binding opinion looks at whether a design reflects a creator's personality. Experts say that determining whether a design reflects a creator's personality, and thus qualified for copyright, could remain subjective and unpredictable.The delicate line between a creator’s intentions and genuine creativity is once again under scrutiny as the EU’s top court considers how far copyright law should protect functional design in two high-profile disputes over furniture and product design....

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