Perspectives on the Relationship Between Copyright and Design Law after Cofemel/G-Star – The Australian Regulation of Copyright/Design Overlap as a Role Model for European Law?

Abstract

The relationship between copyright and design law has again come more into focus as a result of the Court of Justice of the European Union’s (CJEU) decision in the Cofemel/G-Star case. EU law enables dual protection of designs both through copyright and through design law. Australian copyright law tries to exclude or at least limit dual protection. This article considers the advantages and disadvantages of dual protection and outlines a suggestion for sharpening the distinction between copyright and design law.