held to be copyrightable. Finally, the Court also gave way to the 'Skill and Judgment Test' which is more or less a compromise between the sweat of the brow theory and the modicum of creativity test. While relying on the CCH Canadian Case, the Court essentially held that a work would meet the originality standard as long as there is labour or effort involved but not only labour. It must involve some level of skill and judgment as well. However, this approach mirrors the Sweat of the Brow theory more closely and is therefore a difficult theory to defend. Further, the Court held the division of a judgment into paragraphs and numbering them was enough to meet this standard of 'Skill and Judgment'. Whether this is the correct interpretation of the test as given in the CCH Canadian Case remains debatable. Japan In Japanese copyright law, a work is considered eligible for protection when it is "a production in which thoughts or sentiments are expressed in a creative way and which falls within the literary, scientific, artistic or musical domain." In a case law, Nissin Foods lost the case for the design of Cup Noodles packaging. Tokyo High Court ruled that although the shape is stylised, the text is in a normal arrangement and keeps its function of being read as a sequence of letters. Japanese courts have decided that to be copyrightable, a text logo needs to have artistic appearance that is worth artistic appreciation. Logos composed merely of geometric shapes and texts are also not copyrightable in general. Switzerland Copyright law of Switzerland defines works as being "creations of the mind, literary or artistic, that have an individual character." In a 2003 decision, the Federal Supreme Court of Switzerland ruled that a photo of Bob Marley taken at a concert by a spectator with a handheld camera was eligible for protection, because it had the required individual character by virtue of the aesthetic appeal of the picture, combined with the orientation of the picture's components and the distribution of light and shadow. It also found that the photograph was a "creation of the mind" by being shot at a specific time during the singer's movement on the stage. By contrast, in the 2004 case Blau Guggenheim v. British Broadcasting Corporation, the Court found that a photo, shot by a reporter to document Christoph Meili with the files he