The Patent and Market Court of Appeal (Patent och Marknadsöverdomstolen) within Svea Court of Appeal (Svea Hovrätt) has made a new referral to the CJEU, in what will be Case C-580/23, Mio and Others.
The referring court is seeking the Court’s interpretation of Directive 2001/29 (the Copyright and Information Society Directive). This case, PMT 13496-22, Mio v Asplund, sees Asplund asking for the Swedish courts to prohibit Mio from manufacturing, marketing, and selling a particular type of dining table, that it alleges, is very similar to its own design, protected by copyright. Mio argues, on the contrary, that the table is insufficiently original to be protected by copyright law. Moreover, it states that the table is merely functional, as a mere dining table.
At first instance, the Patent and Market Court (Patent och Markndsdomstolen) within Stockholm District Court (Stockholms tingsrätt) in Case PMT 16606-21, sided to Asplund, thus prohibiting Mio from manufacturing, marketing, and selling a particular type of dining table. Mio has appealed that first instance ruling, which is now before the appellate court.
Whilst the referring court has asked numerous technical questions about the Directive, the central overarching question appears to be this: do dining tables, as works of applied art, enjoy the protection of copyright law as artistic works?
The decision of the Patent and Market Court of Appeal (Patent och Marknadsöverdomstolen) in PMT 13496-22, Mio v Asplund to refer, including pictures of the dining table(s) subject to the dispute, can be read here.
The future ruling of the CJEU will be accessible here.