Gautzsch Großhandel reference for CJEU

Do you have a gautzsch großhandel? It sounds sort of uncomfortable, but Gautzsch Großhandel is actually the name of a significant European design reference to the Court of Justice of the European Union (CJEU) of some questions for a preliminary ruling. The case itself, Case C-479/12 Gautzsch Großhandel, is a reference made by the German Bundesgerichtshof on 25 October.

"1. Is Article 11(2) of Regulation (EC) No 6/2002 to be interpreted as meaning that, in the normal course of business, a design could reasonably have become known to the circles specialised in the sector concerned, operating within the European Union, in the case where images of the design were distributed to traders?

2. Is the first sentence of Article 7(1) of Regulation (EC) No 6/2002 to be interpreted as meaning that a design could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, in the case where

(a) it is made available to only one undertaking in the specialised circles, or

(b) it is exhibited in a showroom of an undertaking in China which lies outside the scope of normal market analysis?

3. (a) Is Article 19(2) of Regulation (EC) No 6/2002 to be interpreted as meaning that the holder of an unregistered Community design bears the burden of proving that the contested use results from copying the protected design? 

(b) If Question 3(a) is answered in the affirmative: Is the burden of proof reversed or is the burden of proof incumbent on the holder of the unregistered Community design eased if there are material similarities between the design and the contested use? 

4. (a) Is the right to obtain an injunction prohibiting further infringement of an unregistered Community design, provided for in Article 19(2) and Article 89(1)(a) of Regulation (EC) No 6/2002, subject to limitation in time? 

(b) If Question 4(a) is answered in the affirmative: Is the limitation in time governed by European Union law and, if so, by which provision? 

5. (a) Is the right to obtain an injunction prohibiting further infringement of an unregistered Community design, provided for in Article 19(2) and Article 89(1)(a) of Regulation (EC) No 6/2002, subject to forfeiture? 

(b) If Question 5(a) is answered in the affirmative: Is the forfeiture governed by European Union law and, if so, by which provision? 

6. Is Article 89(1)(d) of Regulation (EC) No 6/2002 to be interpreted as meaning that claims for destruction, disclosure of information and damages by reason of infringement of an unregistered Community design which are pursued in relation to the entirety of the European Union are subject to the law of the Member States in which the acts of infringement were committed?"

Can any kind reader supply some background?

If you would like to comment on this case to the UK Intellectual Property Office, please email policy@ipo.gsi.gov.uk by 14 December 2012. Yes, that's Friday -- an absurdly short deadline.  The IPKat has ranted about this on enough occasions, but no-one seems to care.