The examination of creativity in industrial design works is not subject to stricter parameters than those applicable to other types of works protected by copyright.
This was stated by the Court of Justice of the European Union in its judgment of December 4, 2025 (handed down in joined cases C-580/23 and C-795/23 concerning, respectively, a line of dining tables and a modular furniture system).
Established case law has identified the originality of intellectual works in the manifestation of free and creative choices that reflect the author's personality. In this regard, the Court has specified that the creativity of choices is excluded not only when the author is limited by constraints, mainly technical, that are likely to influence the creative process, but also when such choices, however free, don’t give the work a unique appearance.
The Court added that the valuation of creativity is independent of the author's intentions and of circumstances subsequent to the creation of the work, such as, in particular, its presentation in art exhibitions or museums. This raises the issue of compatibility between the principles expressed by the Court and the requirement of “artistic value” (which Italian copyright law requires, in addition to creativity, in order to grant protection to industrial design works), the existence of which has been repeatedly identified in the recognition of design creations by specialist circles.
(Fabrizia Serpieri)
