A forthcoming ruling by the Court of Justice of the EU could redefine the boundary between copyright and industrial design, with significant implications for the furniture, fashion, and product design industries.

The relationship between copyright protection and industrial design rights in the EU remains unclear. As creators seek more comprehensive protection for functional objects like furniture, lighting or fashion items, it is still uncertain when — or whether — such objects qualify as “copyrightable works.” A forthcoming ruling by the Court of Justice of the European Union (CJEU) is expected to clarify the issue.

Distinct Protection Regimes

Design rights in the EU protect a product’s visual appearance — its shape, lines, materials, texture or ornamentation — based on novelty and individual character. Copyright, by contrast, protects original works that reflect an author’s intellectual creation. The two regimes may overlap, but qualify under different legal criteria. Applying copyright standards to functional objects is challenging because it requires evidence of creative choices, not merely functional or technical design.

The Mio / Konektra Cases

Two cases currently before the CJEU — known as the Mio/Konektra proceedings — consider whether furniture and other applied-art items may qualify for copyright protection. In May 2025, the Advocate General issued a non-binding opinion stressing that originality must be assessed case-by-case and should not be automatically assumed simply because an item qualifies for design protection. The final ruling, expected soon, will determine whether certain functional designs can enjoy copyright protection across the EU.

Potential Implications

If the Court recognises functional designs as copyrightable, creators could benefit from longer, more robust protection than design rights currently offer. At the same time, manufacturers and distributors could face greater risk when producing or selling items resembling protected works. The decision could affect industries such as furniture, fashion, consumer goods and product design, forcing businesses to review their IP strategies.

Recommended Interim Strategy

While awaiting the CJEU’s decision, stakeholders should:

* Review existing IP portfolios in industries that rely on design-heavy products.

* Document creative processes and design development carefully.

* Maintain registered design protection as a baseline.

* Use flexible licensing and contract clauses to account for shifting legal standards.

* Monitor closely developments at EU and national level regarding IP case law.

The upcoming CJEU ruling has the potential to reshape the boundary between industrial design rights and copyright protection in the EU.