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Case C-393/09: Reference for a preliminary ruling from the Nejvyšší správní soud (Supreme Administrative Court) (Czech Republic) lodged on 5 October 2009 — Bezpečnostní softwarová asociace (Security software association) v Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic)

ECLI:EU:UNKNOWN:62009CN0393

62009CN0393

January 1, 2009
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16.1.2010

Official Journal of the European Union

C 11/14

(Case C-393/09)

2010/C 11/24

Language of the case: Czech

Referring court

Parties to the main proceedings

Applicant: Bezpečnostní softwarová asociace (Security software association)

Defendant: Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic)

Questions referred

1. Should Article 1(2) of Council Directive 91/250/EEC (1) of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the copyright protection of a computer program as a work under that directive, the phrase ‘the expression in any form of a computer program’ also includes the graphic user interface of the computer program or part thereof?

(1) Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ 1991 L 122, p. 42).

(2) Corrigendum to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).

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