A radiant heart for Madrid
…in red, this being used by the defendants to market numerous articles and souvenirs sold in many shops in Madrid. The Court upheld the first instance court’s judgment, finding that…
Search Results for: article 17
Italian public enforcement of online copyright infringement: new powers and procedures for AGCOM
…a sort of special and simplified procedure for requesting measures against reiteration of violations and interim protective measures. Article 8-bis regulates a special procedure applicable where the applicant has already…
I know what I like and I know when I taste it. Cheese flavour cannot be “copyrighted” (nor registered as a trademark)
…for scent marks, as clearly indicated in its Guidelines:” Article 3(9) EUTMIR clarifies that the filing of a sample or a specimen does not constitute a proper representation of a…
‘Hommage au fromage’ or how the CJEU said farewell to Heks’nkaas by excluding copyright protection for works of taste
…requirement refers to the idea-expression dichotomy to which the Court implicitly makes reference by pointing to Article 2 of the WIPO copyright treaty and Article 9(2) of the Agreement on…
Case Law, CJEU, Digital Single Market, Enforcement, European Union, Infringement, Liability, Remedies, Sweden
Blocking injunctions against ISPs in Sweden 2.0 beta – the rise of the interim injunction? (Part 2)
…fundamental question, however, that concerns the scope of Article 8(3) InfoSoc Directive, namely: Must Article 8(3) be interpreted as meaning that a third party is using the services of a…
The Portability Regulation (Regulation (EU) 2017/1128): An introduction
…the contractual provisions between providers of online content services and rightholders on the one hand, and between providers of online services and their users on the other; the article also…
Blocking injunctions against ISPs in Sweden 2.0 beta – the rise of the interim injunction? (Part 1)
…the addressee of a website blocking injunction. The practice of applying for such injunctions is an established tactic in online enforcement of European copyright law, made possible by Article 8(3)…
Digital Single Market, European Union, Germany, Legislative process, Making available (right of), Press Publishers ’ Right, Reproduction (right of), Spain
Legally Speaking: Questioning A New Intellectual Property Right For Press Publishers
This article will be forthcoming in the March 2019 issue of Communications of the ACM, a computing professionals journal. The editors of Communications of the ACM have given permission for…
AG Opinion, Case Law, CJEU, European Union, Exceptions and Limitations, Germany, Originality, Subject matter (copyrightable)
A matter of perspective – AG Szpunar suggests Member States are ineligible for copyright protection in confidential military reports
…freedom of expression and freedom of the media justify exceptions and limitations outside Article 5 InfoSoc Directive. The Opinion of the Advocate General AG Szpunar delivers a remarkable opinion, however…
When are we selling those T-Shirts? – AG Campos Sánchez-Bordona considers storage as part of distribution
…sells his goods directly to the public, which entails the application of Article 4. The offer to sell, which he makes by displaying the articles of clothing in his shop,…