Judgment_paragraph 48 · Kwantum Nederland BV and Kwantum België BV v Vitra Collections AG (C-227/23)

48It should be added, as regards the question whether those provisions apply to a subject matter of applied art such as the DSW chair at issue in the main proceedings, that the Court has held that such subject matter may be classified as a ‘work’, within the meaning of Directive 2001/29, where two cumulative conditions are satisfied. First, the subject matter concerned must be original in the sense that it is the author’s own intellectual creation. Second, only something which is the expression of the author’s own intellectual creation may be classified as a ‘work’ within the meaning of Directive 2001/29 (judgment of 13 November 2018, Levola Hengelo, C‑310/17, EU:C:2018:899, paragraphs 35 to 37 and the case-law cited).

Kwantum Nederland BV and Kwantum België BV v Vitra Collections AG (C-227/23)

Key facts

History · 1 version

Connections