Court of justice ce 27 01 2011 n 168

EC Court justice section. II, January 27, 2011, n. 168

Flos Soc / Soc Semeraro

 

Sources: Guida al diritto 2011, 7, 116 (sm) 

 

EUROPEAN UNION - Ce - Industrial and Commercial

 

Summary: The Directive n. 98/71 extends the protection of copyright to the drawings or patterns registered in a Member State which, although now in the public domain because the registration has ceased to have effect, meet the requirements of originality and the period set forth legislation on copyright. The drawings or models that are in the public domain because of lack of registration are deprived of this protection. The revival of protection of copyright affects not only the acts of exploitation of design in the public domain definitely made ​​by third parties on the date of entry into force of domestic legislation implementing the Directive n. 98/71.

 

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