The CJEU Ruling in Mio/Konektra—“La Réponse du Berger à la Bergère” and a Mixed Blessing

The CJEU’s judgment in Mio/konektra is the latest in a series on copyright originality and the first to examine the infringement test for original works in depth. Concerned with works of applied art, where copyright and design laws overlap, the ruling revisits issues already addressed in earlier decisions concerning such works and addresses new ones especially on infringement. The decision repeats and further clarifies points from its previous case law, thus resolving many points satisfactorily. However, it also creates uncertainties, leaving crucial questions open, which are likely to prompt further referrals.