Useful articles, copyright and free competition. Considerations at CJEU judgments of September 12, 2019 (“Cofemel) and June 11, 2020 (“Brompton”)

Abstract

The complex problema of the protection of useful articles through copyright, indepen­dently and cumulative with the protection that they can receive by patent law and design law, has been addressed by the CJEU from and excessively conceptual perspective and Little practice, defining a concept of “original work” -based on the creative personality of the autor and not on the artistic nature of the creation- which continues to raise many doubts about the scope of copyright and the effects on free competition.