Czech Republic

Case Law, CJEU, Czech Republic, Enforcement, European Union, Infringement, Injunction, Liability, Remedies

(CIPIL, University of Cambridge)/ /Leave a comment

On 7 July 2016, the CJEU (Court of Justice of the European Union) handed down its decision in Tommy Hilfiger (case C-494/15). The case concerned the imposition of an injunction on Delta Center, a company that sublets sales areas in the “Prague Market Halls” (Pražská tržnice) to traders, after it was found that counterfeit goods…

Case Law, Communication (right of), Czech Republic, Enforcement, Infringement

(Advokátní kancelář Kříž a partneři s.r.o. )/ /Leave a comment

In a case concerning the use of a radio set in a small bike shop, the Constitutional Court ruled that in order to assess whether a user is making a communication to the public, the situation of the specific user and of all the persons to whom he communicates the protected works must be assessed. A…

Case Law, Communication (right of), Czech Republic, Liability

(London School of Economics)/ /1 Comment

In February this year, the Czech Supreme Court ruled that a mere posting of an embedded link that links to copyright-protected material, must be regarded as a communication to the public and therewith as a direct copyright infringement. The Court was either unaware of pending cases in Luxembourg, or too impatient to wait for the…

Case Law, Collective management, Czech Republic, Jurisdiction, Making available (right of), Remuneration (equitable)

(Centre for Commercial Law Studies)/ /Leave a comment

“When providing healthcare in healthcare facilities, there is no obligation to pay remuneration for communication to the public of copyright works. But, is a hotel room where occasionally health treatment is performed a healthcare facility?” On 24 July 2012, Krajský soud v Plzni (Czech Republic) lodged a reference for preliminary ruling with the CJEU in…

Case Law, Collective management, Czech Republic, Infringement, Liability, Neighbouring rights

(Advokátní kancelář Kříž a partneři s.r.o. )/ /Leave a comment

The defendant, the so-called “cooperative of CD co-owners”, abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he operates as a covert form of lending company (see previously reported cases concerning cooperatives of CD co-owners, in Kluwer database). The court, as in previous…