USM Haller II – Copyright protection for a furniture system? Maybe!

The German Supreme Court has given its ruling in USM Haller II, a case that raises questions about copyright protection for a furniture system. The CJEU had previously provided guidance on the issue, but the GSC's decision does not address whether the USM Haller system can be protected by copyright. This development highlights the ongoing debate around the scope of copyright protection in the EU and its application to functional designs.

The German Supreme Court has issued a ruling in USM Haller II (I ZR 96/22), a case that has been closely watched for its implications on copyright protection for a furniture system. The CJEU had previously provided guidance on this issue, but the GSC's decision does not address whether the USM Haller system can be protected by copyright. This development is significant because it highlights the ongoing debate around the scope of copyright protection in the EU and its application to functional designs.

The CJEU had previously given guidance on the question of whether the USM Haller furniture system can be protected by copyright in Mio and Others (joined cases C-580/23 and C-795/23). The CJEU's decision did not provide a clear answer, leaving it to national courts to interpret its implications. The German Supreme Court's ruling in USM Haller II is the latest development in this ongoing debate.

The GSC's decision not to address whether the USM Haller system can be protected by copyright raises questions about the scope of copyright protection in the EU. The CJEU's guidance had suggested that functional designs may not be eligible for copyright protection, but the GSC's ruling does not provide clarity on this issue. This lack of clarity is significant because it highlights the need for further guidance from the CJEU or national courts.

The German Supreme Court's ruling in USM Haller II has important implications for the ongoing debate around copyright protection in the EU. Practitioners should be aware that the scope of copyright protection remains unclear, particularly with regards to functional designs. Further guidance is likely to be needed from the CJEU or national courts to clarify this issue.