…damages for flagrant infringement under s.97(2) of the Copyright Designs and Patents Act 1988 (CDPA) and damages under Article 13 of the IP Enforcement Directive (Directive 2004/48). 2. EU Copyright…
…interim order prohibiting VCAST from pursuing its activity. Because the final decision turns on the interpretation of EU law provisions, namely Article 5(2)(b) InfoSoc Directive, the Court of Turin referred…
…in the next few months online content service providers will need to implement all the necessary technical, contractual and organisational measures to allow cross-border portability of their services. Articles of…
…attention. In 2015, the defendants, a journalist who publishes books and articles about bribery, and a game producer, published a party game – similar to the iconic “Monopoly”-game – under…
The CJEU held that the concept of ‘lending’, within the meaning of Article 1(1), Article 2(1)(b) and Article 6(1) of Directive 2006/115/EC, covers the lending of a digital copy of…
Article 13 of the Proposed Directive on Copyright in the Digital Single Market (DSMD) and the accompanying Recital 38 are amongst the most controversial parts of the European Commission’s copyright…
…the interpretation of EU law provisions, namely Article 5(2)(b) of the InfoSoc Directive, the Court of Turin found it necessary to refer two questions to the CJEU. The referred questions,…
…comply with the law of the European Union: “Article 2(a) and Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the…
…Having relied on the entirety of the article as a design (apart from features which Neptune excluded) rather than asserting design rights in the article’s parts, Neptune had to show…
A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that Article…
