Round-up of national decisions on copyright protection of works of applied art 2023

Following the judgments of the Court of Justice of the European Union (CJEU) in Cofemel, C-683/17 and Brompton, C-833/18, the treatment of works of applied art under copyright law has (re-)gained central attention. At the time of writing, the CJEU has just received two new referrals for a preliminary ruling (Mio, C-580/23 and USM Haller [case number pending; I ZR 96/22]), asking how the assessment of originality—including having regard to such works—is to be conducted.In 2023, national courts in the Czech Republic, Finland, France, Hungary, Italy, the Netherlands, and Spain delivered a series of important rulings in connection with the copyright treatment of works of applied art. This contribution provides a round-up of the most significant judgments issued in the period 1 January—31 December 2023.The analysis is divided by area (subsistence of copyright; infringement and enforcement aspects; exceptions and limitations; interplay between copyright and other rights in works of applied art) and country (Czech Republic, Finland, France, Hungary, Italy, the Netherlands, and Spain).