COPYRIGHT | The General Court questioned on reciprocity clause for works of applied art

On 11 April 2023, the Supreme Court of Netherlands lodged a request for a preliminary ruling in case C-227/23 (Kwantum Nederland BV, Kwantum België BV v Vitra Collections AG) concerning the question as to whether EU Member States may, on the basis of Article 2(7) of the Berne Convention (“BC”), adopt their own reciprocal rules on copyright protection for works of applied art. The Advocate General Szpunar (“AG”) delivered his opinion on 5 September 2024, stating that EU law – and notably Directive (EC) No. 29/2001 of 22 May 2001 (on the harmonisation of certain aspects of copyright and related rights in the information society) – pre-empts Member States’ freedom to invoke the reciprocity clause under Article 2(7) BC. Furthermore, the AG confirmed – in line with the relevant ECJ case law – that copyright protection for works of applied art depends on the fulfilment of a requirement of originality, and that neither Article 17 of Directive (EC) No. 98/71 of 13 October 1998 (on the legal protection of designs) nor Article 96(2) of Regulation (EC) No. 6/2002 of 12 December 2001 (on Community designs) calls into question this principle.

Newsletter n. 99 – August/September 2024