# C_2009205EN.01002301.xml

| 29.8.2009 | EN | Official Journal of the European Union | C 205/23 |
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29.8.2009

EN

Official Journal of the European Union

C 205/23

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Reference for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 16 June 2009 — Vitra Patente AG v High Tech Srl

(Case C-219/09)

2009/C 205/40

Language of the case: Italian

Referring court

Referring court

Tribunale di Milano

Parties to the main proceedings

Parties to the main proceedings

Applicant: Vitra Patente AG

Applicant:

Defendant: High Tech Srl

Defendant:

Questions referred

Questions referred

| (1) | Must Articles 17 and 19 of Directive 98/71/EC (1) be interpreted as meaning that — in implementing a national law of a Member State adjusting the domestic legal order to the abovementioned Directive — the discretion accorded to such a Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection in the case of designs which — albeit meeting the requirements for protection laid down in copyright law — fell to be regarded as having entered into the public domain before the date on which the national implementing legislation entered into force, in so far as they had never been registered as designs or in so far as the relevant registration had already expired by that date? |
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(1)

Must Articles 17 and 19 of Directive 98/71/EC (1) be interpreted as meaning that — in implementing a national law of a Member State adjusting the domestic legal order to the abovementioned Directive — the discretion accorded to such a Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection in the case of designs which — albeit meeting the requirements for protection laid down in copyright law — fell to be regarded as having entered into the public domain before the date on which the national implementing legislation entered into force, in so far as they had never been registered as designs or in so far as the relevant registration had already expired by that date?

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| (2) | If the answer to the first question is in the negative, must Articles 17 and 19 of Directive 98/71/EC be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection where a third party — without authorisation from the holder of the copyright on such designs — has already produced and marketed in that State products based on such designs which were in the public domain before the date on which the national implementing legislation entered into force? |
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(2)

If the answer to the first question is in the negative, must Articles 17 and 19 of Directive 98/71/EC be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection where a third party — without authorisation from the holder of the copyright on such designs — has already produced and marketed in that State products based on such designs which were in the public domain before the date on which the national implementing legislation entered into force?

| (3) | If the answers to the first and second questions are in the negative, must Articles 17 and 19 of Directive 98/71/EC be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection where a third party — without authorisation from the holder of the copyright on such designs — has already produced and marketed products based on such designs in that State, where protection is precluded for a substantial period (a period of 10 years)? |
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(3)

If the answers to the first and second questions are in the negative, must Articles 17 and 19 of Directive 98/71/EC be interpreted as meaning that the discretion accorded to the Member State to establish independently the extent to which, and the conditions under which, such protection is conferred may include discretion to preclude such protection where a third party — without authorisation from the holder of the copyright on such designs — has already produced and marketed products based on such designs in that State, where protection is precluded for a substantial period (a period of 10 years)?

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(1)  OJ 1998 L 289, p. 28.

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