Cofemel v. G-Star Raw

“Designs receive copyright protection when they reflect genuine creative expression—not because they look artistic.”

Short Description

This case addressed a long-standing debate on whether fashion designs require an additional “aesthetic or artistic value” beyond normal creativity to qualify as works under EU copyright law. The Court of Justice of the European Union concluded that originality alone determines copyright eligibility. Clothing designs, despite being utilitarian products, can qualify as protected works if they display the designer’s creative choices. The judgment removed the earlier uncertainty across EU countries and harmonised the standard for all design-based works.

Facts

G-Star Raw created unique, visually distinctive jeans and T-shirts known for their innovative structure, cuts, and stitching. Cofemel, a Portuguese apparel manufacturer, produced garments that strongly resembled G-Star’s designs in both form and appearance. G-Star argued that its designs were protected works and that Cofemel’s copies infringed copyright. Cofemel contended that apparel is functional and cannot be copyrighted unless the design possesses a separate, higher artistic or aesthetic value. The Portuguese court, faced with conflicting interpretations, referred the matter to the CJEU seeking clarity on the correct legal test.

Findings / Reasoning

The CJEU held that the only valid criterion for copyright protection is originality—meaning the work must reflect the author’s own intellectual creation. The Court rejected the concept of requiring a heightened artistic value, stating that such distinctions contradict EU copyright harmonisation. It clarified that even functional items like clothing can embody creative choices that express a designer’s personality. The ruling further stated that the existence of design protection under EU Design Law does not reduce the scope of copyright protection; both systems operate independently.

Suggestions / Observations

This decision significantly benefits fashion designers, as it allows them to rely on copyright protection more confidently whenever their work involves creative contribution. At the same time, it places greater responsibility on competing apparel manufacturers to ensure their designs do not imitate existing works too closely. The judgment promotes a healthy creative environment by rewarding originality and discouraging imitation without reducing designers’ freedom to innovate. Businesses should adopt rigorous clearance practices before releasing new designs in the market.

Judgment & Date

The CJEU ruled that clothing designs qualify as copyright-protected works if they are original and reflect the creator’s intellectual creation. No additional artistic or aesthetic standard is required.

Judgment Date : 12 September 2019