The Court of Justice on the protection of Charles Eames' DSW Chair.
On October 24, 2024, the Court of Justice of the European Union (CJEU) ruled that EU countries cannot deny Copyright protection Copyright original works of applied art simply because they originate from third countries that do not offer similar protection. As long as a work meets the EU’s definition of originality, it must be protected under Copyright law, regardless of where it was created or who the author is.
This ruling, which follows a request from the Dutch Supreme Court, reinforces the EU’s commitment to a unified copyright system based on originality rather than country of origin.
Background: The Vitra v. Kwantum Case
The case involves Vitra, a Swiss furniture company that holds the rights to the designs of American designers Charles and Ray Eames. One of their famous creations, the Dining Sidechair Wood (DSW Chair), was designed in 1950 for a competition held by the Museum of Modern Art (MoMA).
Kwantum, a Belgian-Dutch furniture retailer, sold a similar chair called the “Paris Chair, ” which Vitra claimed was a copy of the DSW Chair. Vitra sued Kwantum in the Netherlands for copyright infringement.
The Dutch Supreme Court has asked the CJEU whether EU countries may deny copyright protection to foreign works on the basis of the reciprocity clause of the Berne Convention. This clause provides that if a non-EU country does not protect a certain type of work under Copyright, an EU country may also refuse to protect it.
The CJEU ruling
The CJEU has ruled that EU countries cannot invoke the reciprocity clause of the Berne Convention to deny Copyright protection. On the contrary, EU law (specifically the Infosoc Directive 2001/29) takes precedence and requires the same level of protection for all original works.
Key points of the decision
Originality is the only requirement
Copyright protection Copyright is based solely on originality.
Previous cases (such as Cofemel and Brompton Bicycle) have confirmed that if a work is original, it qualifies for copyright protection.
Copyright across the EU
Allowing individual EU countries to apply different rules would undermine the goal of having a unified copyright system.
Respect for fundamental rights
The Charter of Fundamental Rights of the EU protects Copyright a fundamental right.
Only the EU legislature (not individual countries) can decide whether foreign works should be granted limited protection.
Equal treatment for foreign works
Unlike the term of Copyright resale rights, Copyright law does not provide for reciprocity rules.
The Infosoc Directive applies regardless of where the work was created or the author’s nationality.
Impact of the decision
The ruling confirms that all original works must be treated equally under Copyright law, regardless of their country of origin. This strengthens Copyright protection Copyright the EU and ensures that non-EU artists and designers enjoy the same rights as creators residing in the EU.
However, the ruling also raises some concerns. By stating that all works that meet the standard of originality must be protected, the CJEU may have overlooked whether the EU actually intended to regulate access to Copyright foreign authors in this way.
Nevertheless, the decision opens the EU market to a greater number of foreign works, while also offering protection to creators from countries that do not provide Copyright protection Copyright their own citizens.
Conclusion
This ruling represents a significant step toward a single, unified copyright system in the EU. Although some legal experts debate whether this approach was part of the EU’s original intent, the outcome is clear: all original works are protected in the EU, regardless of their origin.