Case Law

Authorship, Case Law, Ownership, Transfer (of right)

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

Bankruptcy brings always its share of bad surprises, and it usually gets dodgier when intellectual property is involved… In this post, we propose a review of a decision of the Belgian Supreme Court illustrating this observation in the software development sector. We will start with the legal provisions applied by the Court and its decision…

Case Law, Communication (right of), European Union, Exhaustion

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The football leagues in Europe seem to be on a losing streak in Luxembourg. On February 17 the European Court of Justice pronounced that Member States may reserve television coverage of FIFA World Cup events to free-to-air public broadcasters, on the basis of nationally drawn-up lists of ‘events of major importance’, as defined in the…

Belgium, Case Law, Infringement, Liability, Remedies, Reproduction (right of)

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A Belgian band uploaded some songs on a freely accessible website under a non-commercial & no derivative Creative Commons licence. A Belgian theatre used one of the songs to create an advertisement for the next theatrical season, which was broadcasted on several national radios channels. The Court found that the theatre did not respect the…

Case Law, Duration, European Union

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National legislation implementing the Directive on the legal protection of designs (98/71/EC) may not exclude from copyright protection designs that were protected by a registered design right and entered into the public domain before the entry into force of said legislation, in so long as they meet the requirements to be eligible for copyright protection….

Authorship, Belgium, Case Law, Ownership, Transfer (of right)

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In its arrest of 3 June 2010, the Supreme Court of Belgium decided that the presumption of transfer to the employer of patrimonial copyrights in a program created within an employment relationship, does does not apply in a situation where a program is developed by the statutory manager of a limited liability company. Click here…