Source: EURLEX
Language: en
Format: md

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| 4.3.2019 | EN | Official Journal of the European Union | C 82/19 |

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Request for a preliminary ruling from the tribunal de l’entreprise de Liège (Belgium) lodged on 31 December 2018 — SI, Brompton Bicycle Ltd v Chedech / Get2Get

(Case C-833/18)

(2019/C 82/21)

Language of the case: French

Referring court

Tribunal de l’entreprise de Liège

Parties to the main proceedings

Applicants: SI, Brompton Bicycle Ltd

Defendant: Chedech / Get2Get

Questions referred

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| — | Must EU law, in particular 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, [(1)](#ntr1-C_2019082EN.01001901-E0001) which determines, inter alia, the various exclusive rights conferred on copyright holders, in Articles 2 to 5 thereof, be interpreted as excluding from copyright protection works whose shape is necessary to achieve a technical result? |

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| — | In order to assess whether a shape is necessary to achieve a technical result, must account be taken of the following criteria:   |  |  | | --- | --- | | — | The existence of other possible shapes which allow the same technical result to be achieved? |  |  |  | | --- | --- | | — | The effectiveness of the shape in achieving that result? |  |  |  | | --- | --- | | — | The intention of the alleged infringer to achieve that result? |  |  |  | | --- | --- | | — | The existence of an earlier, now expired, patent on the process for achieving the technical result sought? | |

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