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Case C-683/17: 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
ECLI:EU:UNKNOWN:62017CN0683
62017CN0683
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Valentina R., lawyer
12.2.2018
EN
Official Journal of the European Union
C 52/23
(Case C-683/17)
(2018/C 052/34)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: 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 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’?
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).
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