Tod's & Tod's France (Principles of Community law) [2005] EUECJ C-28/04 (30 June 2005)

Tod's & Tod's France (Principles of Community law) [2005] EUECJ C-28/04 (30 June 2005)

Application of a rule making copyright protection dependent on the country of origin of the work constitutes indirect discrimination on grounds of nationality, prohibited by Article 12 EC, as it mainly disadvantages nationals of other Member States and is not justified by objective circumstances.

Citation
[2005] EUECJ C-28/04
Parties
Claimant: Tod’s SpA; Claimant: Tod’s France SARL; Defendant: Heyraud SA; Intervener: Technisynthèse
Jurisdiction
European Union
Judgment Date
30 June 2005
Procedural Posture
Preliminary Ruling / Reference for Preliminary Ruling From Tribunal De Grande Instance De Paris
Outcome
Preliminary ruling issued; Article 12 EC prohibits copyright protection being subject to the country of origin of the work.
Legal Topics
Non Discrimination, Copyright Protection, Berne Convention, Registered Designs, National Treatment
European Union Law Intellectual Property Law Non Discrimination Copyright Protection Berne Convention Registered Designs National Treatment

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Parties

Tod’s SpA

Claimant

Tod’s France SARL

Claimant

Heyraud SA

Defendant

Technisynthèse

Intervener

Procedural Posture

Preliminary Ruling / Reference for Preliminary Ruling From Tribunal De Grande Instance De Paris

Legal Issues

  1. 1 Whether Article 12 EC prohibits Member States from making copyright protection dependent on the country of origin of the work under Article 2(7) of the Berne Convention.

Ratio Decidendi

Application of a rule making copyright protection dependent on the country of origin of the work constitutes indirect discrimination on grounds of nationality, prohibited by Article 12 EC, as it mainly disadvantages nationals of other Member States and is not justified by objective circumstances.

Court Disposition

Preliminary ruling issued; Article 12 EC prohibits copyright protection being subject to the country of origin of the work.

Orders

  • Article 12 EC must be interpreted as meaning that the right of an author to claim in a Member State the copyright protection afforded by the law of that State may not be subject to a distinguishing criterion based on the country of origin of the work.