JUDGING ORIGINALITY: THE LIMITS OF INTELLECTUAL PROPERTY IN ARCHITECTURAL WORKS
JUDGING ORIGINALITY: THE LIMITS OF INTELLECTUAL PROPERTY IN ARCHITECTURAL WORKS

Summary/Abstract: This research examines the possibility to improve the way courts of law decide on the issue of architectural infringement. In doing so, we will examine the originality criterion – the sine qua non of copyright – from a philosophical and legal perspective, suggesting that theories of personality from the past can, and must, still play a major role in judicial proceedings. Therefore, we suggest a new test for originality (the continuum test), in accordance with the latest CJEU decisions and taking into account the international homogenization that we are seeing in intellectual property law, one that is better suited to probe the personality of the author.

• Details
• Contents