“Exhibition Lamp”
摘要
Designs that represent an author’s original intellectual creation can be classified as “works”. In this context, the EU legislators opted for a system whereby the protection afforded to designs and models and that afforded to copyright are not mutually exclusive. Both protections can coexist. According to the position of the Court of Justice of the European Union, for the purposes of copyright protection, the requirements of originality and identifiability are sufficient and a “plus factor” consisting of the artistic value of the work, as required by case law of the Italian Supreme Court, is not necessary.