Two and a half years after the first draft proposal of the European Commission, and following a number of contributions from the Council, the European Economic and Social Committee and the Committee on Legal Affairs of the European Parliament (see here for a summary of the approval process), on 30th June 2017 the EU finally…

Introduction On 30th March 2017, the Regional Administrative Court of Lazio (“TAR Lazio”) had the last word, at least from a domestic perspective, on the validity of the AGCOM (Italian Communication Authority) Regulation on copyright enforcement in electronic communications networks (“AGCOM Regulation” or simply the “Regulation”). This finding of validity is the final step in…

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs.  Here are the top posts from March and April. Top 3 Kluwer Copyright Blog…

In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would modify the current scope of the exclusive right of communication /making available to the public and the liability exemptions of the E-commerce…

From the Celestial Jukebox to AI. We have now reached the “Celestial Jukebox” predicted by Prof. Goldstein,[1] and have even gone well beyond with the rise of Machine Learning and Artificial Intelligence. These key issues were at the heart of the annual IP conference organised by the University of Geneva on February 22, 2017 (programme…

1. Introduction As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales International and others Vs MIBACT and SIAE) regarding the private copying exception in Article 5.2 b of Directive 2001/29/EC (the ‘InfoSoc Directive’). The…

The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported back in 2015, this reference to the CJEU by the UK Court of Appeal followed an appeal by the claimant broadcasters against…

In December 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator introduced a Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019). Since 2014, on the other side of the Atlantic ocean, the European Union has been undertaking steps to complete a comprehensive modernisation of the copyright system, including a reform of the Enforcement…

Introduction from the editors Last week, the UK Supreme Court handed down its judgment in R (Miller) v Secretary of State for Exiting the European Union, a case in which the court had to determine the steps required under UK law before the process of leaving the European Union can be initiated.  It goes without…