It noted that art.17 of Directive 98/71 provides that only a design protected by a design right registered in or in respect of a Member State in accordance with that Directive may be eligible, by virtue of the Directive, for protection under the law of copyright of that state. It follows, the ECJ said, that designs which, before the date of entry into force of the national legislation transposing Directive 98/71 into the legal order of a Member State, were in the public domain because they had not been registered do not fall within the scope of art.17 of the Directive. However, it observed, it is conceivable that copyright protection for works which may be unregistered designs could arise under other Directives concerning copyright, in particular Directive 2001/29 on copyright and related rights in the information society ([2001] OJ L167/10), if the conditions for that Directive's application are met, a matter to be determined by the national court.