Round-up of CJEU copyright decisions in 2020
Eleonora Rosati · Journal of Intellectual Property Law & Practice · 2021
In 2020, the Court of Justice of the European Union (CJEU) issued the following judgments (listed in reverse chronological order) specifically in the copyright field1: These decisions are discussed below and are divided by area: The analysis of each judgment is presented in accordance with the following template: The CJEU confirmed that, for copyright protection to arise in a work, what is required is simply the originality thereof. Also a work the realization of which was dictated by technical considerations may access protection, provided that the author was able to exercise some free and creative choices. The Tribunal de l’entreprise de Liège (Belgium) made this referral in the context of copyright infringement proceedings that Brompton Bicycle had brought against Korean company Get2Get over the shape of its Chedech bike. Get2Get's Chedech bike (source: Opinion of Advocate General Campos Sánchez-Bordona, EU: C : 2020:79)