Opinion of the Advocate General — ECLI:EU:C:2019:363
Date: 2019-05-02
Language of the case: Portuguese
Subject matter: Right of establishment;Intellectual, industrial and commercial property;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Portugal

Request for a preliminary ruling from the Supremo Tribunal de Justiça (Portugal) lodged on 6 December 2017 — Cofemel — Sociedade de Vestuário SA v G-Star Raw CV (Case C-638/17) Language of the case: Portuguese Referring court Supremo Tribunal de Justiça Parties to the main proceedings Appellant: Cofemel — Sociedade de Vestuário SA Respondent: G-Star Raw CV Questions referred 1) Does the interpretation by the Court of Justice of the European Union of Article 2(a) of Directive 2001/29/EC 1 preclude national legislation — in the present case, the provision in Article 2(1)(i) of the Código de Direitos de Autor e Direitos Conexos (CDADC) — which confers copyright protection on works of applied art, industrial designs and works of design which, in addition to the utilitarian purpose they serve, create their own visual and distinctive effect from an aesthetic point of view, their originality being the fundamental criterion which governs the grant of protection in the area of copyright? 2) Does the interpretation by the Court of Justice of the European Union of Article 2(a) of Directive 2001/29/EC preclude national legislation — in the present case, the provision in Article 2(1)(i) of the CDADC — which confers copyright protection on works of applied art, industrial designs and works of design if, in the light of a particularly rigorous assessment of their artistic character, and taking account the dominant views in cultural and institutional circles, they qualify as an ‘artistic creation’ or ‘work of art’? ____________ 1 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 (OJ 2001 L 167, p. 10).