Jurisdiction

Case Law, Collective management, Communication (right of), European Union, Jurisdiction, Legislative process

(Max Planck Institute for Innovation and Competition)/ /Leave a comment

“The answers from Luxembourg were much awaited not only due to the questions being interesting as such, but also because academia, the European Commission and the CJEU do not see eye to eye on these currently highly debated issues.” In response to questions lodged by a Czech court (Krajský soud v Plzni) in a preliminary…

European Union, Infringement, Jurisdiction

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

“However, another aspect attracted my full attention.” While preparing a post for this blog about the wonderful panel ‘Who owns the World Cup: The case for and against property rights in sports events’,  that concluded IViR’s 25th anniversary conference, something unusual stopped me. I received an email from a colleague informing me that the videos…

France, Infringement, Jurisdiction, Legislative process

(REALEX)/ /Leave a comment

Two Acts of 2007 and 2014 to fight against counterfeiting have modified the French Intellectual Property Code, in order to enable improved compensation for the rightholders as well as better protection of intellectual property rights. In French intellectual property infringement cases, damages were traditionally supposed to cover the prejudice suffered, no more, no less. Punitive…

Digital Single Market, European Union, Jurisdiction, Legislative process

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“Every day citizens here in the Netherlands and across the EU break the law just to do something commonplace. And who can blame them when those laws are so ill-adapted.” Speech Neelie Kroes, vice-president of the European Commission, delivered at the opening of Information Influx, the 25th anniversary conference of the Institute for Information Law…

Jurisdiction, Legislative process, Private copying, Spain

(Universitat Oberta de Catalunya)/ /Leave a comment

“A clear intention to solve some of the most disturbing problems in Spanish IP.” On February 14th, the Spanish Government approved a bill to amend the law of intellectual property (TRLPI).  The bill is currently in its parliamentary proceedings. It is a “patchwork” reform bill dealing with very different topics, some more necessary than others, and…

Case Law, European Union, Jurisdiction, Legislative process

(Maastricht University)/ /Leave a comment

“The Court added a cherry on top of the transparency cake.” It is no secret that secrecy in the TTIP negotiations has been bothering several sectors of civil society (apologies, but the links to back this up were too many to insert here). Just last week, the Court of Justice has issued a decision in…

Case Law, Enforcement, Infringement, Italy, Jurisdiction, Liability, Making available (right of)

(Monducci Perri Spedicato & Partners)/ /Leave a comment

“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.” On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement…

Case Law, Collective management, European Union, Jurisdiction, Private copying

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

“This would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make.” In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the…

European Union, Jurisdiction, Legislative process

(KU Leuven Centre for IT & IP Law)/ /Leave a comment

“The study concludes that under their domestic copyright laws none of the current EU Member States offer protection to sports events as such. A handful of countries, however, afford some special form of protection to the specific interests of sports organizers.” A study on sports organizers’ rights was launched by the European Commission in January…

Collective management, Exceptions and Limitations, Fair Use, France, Infringement, Jurisdiction, Legislative process, Remuneration (equitable)

(REALEX)/ /Leave a comment

In France, search engines using thumbnails are likely to infringe on copyright. On 8 April 2014, a French Senator proposed a Bill to establish compulsory collective management for the reproduction of photographs and images by search engine services. Thumbnails are reduced-size versions of photographs and images, used by search engines such as Google Images in…