A new design case has been referred to the Court of Justice of the European Union (CJEU) for a preliminary ruling. It's Case C-169/15 Montis Design, and it's a reference regarding the application of the Uniform Benelux Law on designs and models (the old BTMW).

The following questions have been posed:

1. Is the deletion of Article 21(3) (old) BTMW as of 1 December 2003, pursuant to the Protocol of 20 June 2002 amending the BTMW, to be construed – partly in view of the need for interpretation in accordance with the Term of Protection Directive – as meaning that the copyright for a work of applied art, which lapsed before 1 December 2003 on the ground that a maintenance declaration had not been filed in due time, is to be deemed permanently cancelled, or is revived at a certain date?

2. If the answer to Question 1 is that the copyright is revived at a certain date, from what date is that the case:

(a) the date on which the copyright lapsed in accordance with Article 21(3) (old) BTMW in the absence of a maintenance declaration

(b) the date indicated in Article 10(2), in conjunction with Article 13(1), of the Term of Protection Directive

(c) the date on which Article 21(3) (old) BTMW was deleted, or

(d) some other date?

If any readers have information about the background to this case, we hope that they will share it with us.