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)
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
– 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 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?
– 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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1 OJ 2001 L 167, p. 10.