“Montis Design”

IIC - International Review of Intellectual Property and Competition Law, Jun 2017

Montis Design BV v. Goossens Meubelen BV Directive 93/98/EEC, Article 10 (2)

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“Montis Design”

Directive D E C I S I O N C O P Y R I G H T L A W European Union ''Montis Design'' Montis Design BV v. Goossens Meubelen BV 1. Article 10(2) of Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights, read together with Article 13(1) of that directive, must be interpreted as meaning that the terms of protection laid down by that directive do not apply to copyright which was initially protected by national legislation but which was extinguished prior to 1 July 1995. 2. Directive 93/98 must be interpreted as not precluding national legislation which, initially, had granted, as in the main proceedings, copyright protection to a work, but which, subsequently, caused that copyright to be definitively extinguished, before 1 July 1995, by reason of noncompliance with a formal requirement. Term of protection; Formal requirement - Revival of protection Extinction of copyright Available at http://curia.europa.eu.


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Montis Design BV v. Goossens Meubelen BV Directive 93/98/EEC, Article 10 (2). “Montis Design”, IIC - International Review of Intellectual Property and Competition Law, 2017, 1-1, DOI: 10.1007/s40319-017-0606-x