Insights

On October 24, 2024, the Court of Justice of the European Union (CJEU) handed down its highly anticipated ruling in the Kwantum v. Vitra case (C-227/23). In short, the CJEU held that EU Member States must afford copyright protection for works of applied art (i.e., furniture, lighting, home appliances, etc.) that meet the originality-requirement, regardless of the country of origin of these works or the nationality of the author.

Over the 2024 summer, new EU rules entered into force regarding unsold consumer products under the new ESPR (i.e. the Ecodesign for Sustainable Products Regulation – Regulation (EU) 2024/1781).  The legal obligations themselves are relatively concise and short in number and therefore perhaps easy to overlook.  However, companies selling or supplying consumer products in the EU/EEA – particularly companies in the clothing, footwear, apparel, textile and retail sectors – should beware and not underestimate their importance or impact.

At the beginning of the year, we brought to your attention that a number of important Belgian and EU legislative changes are likely to have an impact in 2024: there are new laws that have been adopted and proposals that are expected to firm up into law.