Copyright law post ‘Mio/konektra’: Everything you always wanted to know about (but were afraid to ask)

IP Experts LIVE: Webinar for IP Professionals

IP Experts LIVE is a webinar series by BARDEHLE PAGENBERG (see our program PDF).

Our experts will provide you with insights on selected aspects of German and European IP law with a focus on practical and strategic guidance. At the end of each seminar, there will be a Q & A session.

 

What is it about?

On December 4, 2025, the Court of Justice of the EU issued the long-awaited decision in ‘Mio/konektra’ (based on parallel referrals from Sweden and Germany), providing final answers to various passionately debated questions on subsistence of copyright, scope of protection, and infringement in case of works of applied art.

While, apparently, the air is clear now, practitioners have already started arguing again: Has the validity of the ‘Dutch’ copyright test been confirmed—or the ‘French’ or the ‘German’ or the ‘Swedish’?

This webinar will endorse a different school of thought, suggesting a true ‘European’ approach, which seeks to overcome national barriers and doctrines. Fresh case law post ‘Mio/konektra’ from Germany, Belgium, Italy, and the Netherlands will also be discussed.

Dr. Henning Hartwig and Dr. Philipe Kutschke will cover, amongst others, the following issues:

  • The test for subsistence under ‘Mio/konektra’—anything new under the sun?
  • The scope-of-protection test has disappeared—how to argue now?
  • ‘Recognizability’ instead of ‘overall impression’—good news for authors and right holders?
  • ‘Partial protection’—in line with the unregistered EU design regime?
  • ‘Generational protection’—did the Bundesgerichtshof get it wrong after all in ‘Birkenstock’?
  • Refill: AI and copyright law

Register now to get expert answers to these questions. 

Registration required

Please register here.
You will subsequently receive a confirmation email.

Participation in this event is free.

IP Event
Copyright

Date


Adresse
BARDEHLE PAGENBERG
Online - Webinar


Langue de la Conférence
Anglais
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