On 26 October 2018, the European Copyright Society published an Opinion on the pending reference to the Court of Justice of the European Union in (C-683/17) Cofemel v G-Star. The reference, from the Portuguese Supreme Court, raises interesting questions about a perennially problematic issue in copyright law. To what extent can mass-produced designs, such as articles of fashion, be protected by the law of copyright?
Professor Jonathan Griffiths is a member of the Society and was part of the Drafting Committee for the Opinion, which reviews a number of potential responses to the referred questions and is available here.