CJEU

The Court of Justice of the European Union (CJEU) is an institution of the European Union (EU).  It is responsible, inter alia, for ensuring that EU law is interpreted and applied in a consistent way in all EU countries.  If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification.  The same mechanism can be used to determine whether a national law or practice is compatible with EU law.  The CJEU also resolves legal disputes between national governments and EU institutions, and can take action against EU institutions on behalf of individuals, companies or organisations.

AG Opinion, Belgium, Case Law, CJEU, Design Rights, European Union, Infringement, Originality, Subject matter (copyrightable)

(The University of Nottingham)/ /Leave a comment

Part I of this post provided an overview of the facts of the case and the recent opinion of AG Campos Sanchez-Bordona. Overall, the opinion is a mixed result. It makes some good points but also some ill-judged ones, and these will be explored in more detail in this post. Let us start with the positive…

AG Opinion, Belgium, Case Law, CJEU, Design Rights, European Union, Infringement, Subject matter (copyrightable)

(The University of Nottingham)/ /Leave a comment

This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get). The bike was once protected by a patent and, following its expiry, the defendant (Chedech/Get2Get) embarked on selling a similar bike in Belgium (the designs of the two bikes…

CDSM Directive, CJEU, Digital Single Market, European Union, Legislative process

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As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2020 to all of our readers, as well as reflect on developments in copyright over the past year.  Last year was another busy one in the copyright world, with a number of landmark CJEU decisions,…

CJEU, Distribution (right of), Exhaustion, France

(Institute for Information Law (IViR), University of Amsterdam)/ /Leave a comment

On 17 September 2019, the Paris Court of First Instance (“court”) delivered its judgment in the dispute between UFC-Que Choisir (“UFC”), a consumer organisation, and a videogame distribution platform operated by Valve. Among other issues, the court was asked to decide whether subscribers to Valve’s platform should be allowed to resell videogames purchased digitally. The…

Case Law, CJEU, Communication (right of), Infringement, Liability, United Kingdom

, (Bristows LLP)/ /Leave a comment

The recent decision in Warner Music & another v TuneIn Inc [2019] EWHC 2923 (ch), was the first time the English Courts have forensically assessed the implications of CJEU decisions such as GS Media and Svensson on communication to the public over the internet. Many of us have been left bemused by the concepts the…

Case Law, CJEU, Design Rights, European Union

(Elzaburu)/ /Leave a comment

The Court of Justice of the European Union (CJEU) defines the principle of cumulative protection under the systems for protection of designs and of works, in order to clarify the circumstances in which designs and models may additionally be considered a “work” and be entitled to the protection conferred by copyright under the InfoSoc Directive….

CJEU, European Union, Exceptions and Limitations, Germany, Infringement, Reproduction (right of)

(Institute for Information Law (IViR)) and (University College Dublin)/ /Leave a comment

The first part of this blogpost discussed the interpretation given to the right of phonogram producers under Article 2(c) of Directive 2001/29/EC (InfoSoc Directive) and Article 9(1)(b) of Directive 2006/115 (Rental and Lending Rights Directive) by the Court of Justice of the European Union (CJEU or Court) in Pelham. Contrary to the Opinion of Advocate…

CJEU, European Union, Germany, Legislative process, Making available (right of), Press Publishers ’ Right

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Following the CJEU’s judgment of 12 September 2019, the German national related right in favour of press publishers established in 2013 is unenforceable for formal reasons. But a new related right will be introduced shortly with the implementation of the DSM Directive. The competition law issues brought up in Germany will remain for the EU…

Case Law, CJEU, European Union, Germany, Infringement, Reproduction (right of)

(University College Dublin) and (Institute for Information Law (IViR))/ /Leave a comment

On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on two other cases: Case C-516/17, Spiegel Online GmbH v Volker Beck and Case C-469/17, Funke Medien NRW GmbH v Bundesrepublik Deutschland. All three cases are…

Case Law, CJEU, European Union, Exceptions and Limitations, Germany

(NORDEMANN) and (University of Frankfurt)/ /Leave a comment

European Court of Justice decisions of July 29, 2019 (C-469/17  and C-516/17) The abuse of copyright as a “legal weapon” to suppress press reports is not a new development – for decades authors and rightholders have used their exclusive rights to prevent the publication of unpleasant information. The situation in practice The situation is always…