Source: All England Reporter
Publisher Citation: [2011] All ER (D) 208 (Jan)
Court: Court of Justice of the European Union (Second Chamber)
Judge:

Judges Cunha Rodrigues (President of the Chamber), Arabadjiev, Rosas, Lohmus (Rapporteur) and Caoimh

Judgment Dates: 27 January 2011

Catchwords

European Union - Copyright - Legal protection of designs - Obligation concerning the cumulation of design protection with copyright protection - Principle of the protection of legitimate expectations - Council Directive (EC) 98/71.

The Case

European Union Copyright. The Court of Justice of the European Union held that, art 17 of the Council Directive (EC) 98-71 (on the legal protection of designs) precluded legislation that excluded copyright protection or rendered it unenforceable for a certain period in the case of designs that entered the public domain before the entry into force of that legislation.

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