Danish Supreme Court denies copyright in rubber boots
Jens Schovsbo · Journal of Intellectual Property Law & Practice · 2020
Danish Supreme Court, judgment of 10 June 2020, BS-7741/2019-HJR (RUB 1) After applying the criteria laid down by the Court of Justice of the European Union in Case C-683/17, Cofemel, EU:C:2019:721 and thus confirming that the general standard of originality applies to everyday fashion items, the Danish Supreme Court denied copyright in trendy rubber boots. The decision was the first by the Supreme Court after the Court of Justice of the European Union (CJEU) decided Cofemel on 12 September 2019 (and was handed down the day before Case C-833/18, Brompton, EU:C:2020:461 was decided by the CJEU). The case concerned whether fashion rubber boots (called ‘RUB 1’) which combined elements from traditional, long laced leather boots with elements from normal rubber boots were protected against imitation under the Danish Copyright Act (ie as works of applied art) or under the Marketing Practices Act (MPA) (which protects against ‘slavish imitation’). Copyright had been denied in the two previous instances and was also denied by the Supreme Court.