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Philipp Fabbio

This chapter deals with the role of copyright in protecting design creation vis-à-vis the so-called Design Approach envisaged by the Design Directive and the Design Regulation. It examines the various arguments that are made for and against copyright protection for design creations, focusing on the differences between design and copyright law, the economic and social dynamics of design innovation, as well as on the EU notion of copyrightable work. In terms of policy recommendations, the author concludes that, contrary to some recent developments at Member State level, design creations should be afforded copyright protection, if at all, only in exceptional cases.