(Case C-198/10)

First subparagraph of Article 104(3) of the Rules of Procedure – Industrial and commercial property – Directive 98/71/EC – Legal protection of designs – Article 17 – Obligation concerning the cumulation of design protection with copyright protection – National legislation precluding copyright protection in the case of designs which entered the public domain before that legislation entered into force

Approximation of laws – Designs – Directive 98/71 – Principle of the cumulation of the protection of designs with the protection of copyright – National legislation excluding entirely, or within the limits of prior use, from protection by copyright, designs that entered the public domain before that legislation entered into force, with regard to third parties having manufactured and marketed products made following those designs – Not permissible (European Parliament and Council Directive 98/71, Art. 17) (see paras 24-28, 32-34, operative part)

Re:

Reference for a preliminary ruling – Corte d’appello di Milano – Interpretation of Articles 17 and 19 of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs – National legislation transposing the directive into national law by introducing copyright protection for designs – Right of a Member State to extend the conditions for the grant of such protection.

Operative part

Article 17 of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs must be interpreted as precluding legislation of a Member State which excludes, either entirely or within the limits of prior use, from protection by the law of copyright of that Member State designs which entered the public domain before that legislation entered into force, with regard to all third parties who have previously manufactured or marketed in the national territory products based on those designs before that date.