IPPT20110127, CJEU, Flos SpA v Semeraro

Print this page 30-01-2011
IPPT20110127, CJEU, Flos SpA v Semeraro

COPYRIGHT – DESIGN LAW

 

Copyright protection not affected by expiration of national design right
• that Article 17 of Directive 98/71 must be interpreted as precluding legislation of a Member State which excludes from copyright protection in that Member State designs which were protected by a design right registered in or in respect of a Member State and which entered the public domain before the date of entry into force of that legislation, although they meet all the requirements to be eligible for such protection.

 

Legislation reviving copyright protection – no safe harbour for previous public domain designs irrespective of date of manufacture or marketing of products
• that, Article 17 of Directive 98/71 must be interpreted as precluding legislation of a Member State which – either for a substantial period of 10 years or completely – excludes from copyright protection designs which, although they meet all the requirements to be eligible for copyright protection, entered the public domain before the date of entry into force of that legislation, that being the case with regard to any third party who has manufactured or marketed products based on such designs in that State – irrespective of the date on which those acts were performed.

 

IPPT20110127, CJEU, Flos v Semeraro