Source: EURLEX
Language: en
Format: md

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| 14.11.2016 | EN | Official Journal of the European Union | C 419/26 |

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Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 15 July 2016 — DOCERAM GmbH v CeramTec GmbH

(Case C-395/16)

(2016/C 419/35)

Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Applicant: DOCERAM GmbH

Defendant: CeramTec GmbH

Questions referred

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| 1. | Does a technical function that precludes protection within the meaning of Article 8(1) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs[(1)](#ntr1-C_2016419EN.01002601-E0001) also exist if the design effect is of no significance for the product design, but the (technical) functionality is the sole factor that dictates the design? |

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| 2. | If the Court answers Question 1 in the affirmative:  From which point of view is it to be assessed whether the individual design features of a product have been chosen solely on the basis of considerations of functionality? Is an ‘objective observer’ required and, if so, how is such an observer to be defined? |

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