C-198/10

Cassina SpA v Alivar Srl and Galliani Host Arredamenti Srl

This case raises the following questions which have been sent to the Court of Justice for a preliminary ruling:

(1) 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, protection is conferred may include discretion to preclude such protection where a third party - without authorisation from the design copyright holder - had already produced and marketed in that State products based on the designs in question - those designs being in the public domain - before the date on which the national implementing legislation entered into force?

(2) 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, protection is conferred may include discretion to preclude such protection where a third party - without authorisation from the design copyright holder - has already produced and marketed in that State products based on the designs in question, where protection is precluded within the limits of prior use?