Where to Look? Diligent search requirements too vague!
…unique: Italy has followed the same approach. The Italian Decree of 10 November 2014 implements the provisions of the Directive in articles 69-bis and following, but does not reproduce the…
…unique: Italy has followed the same approach. The Italian Decree of 10 November 2014 implements the provisions of the Directive in articles 69-bis and following, but does not reproduce the…
…as claims for the reimbursement of pre-litigation costs or court costs. However, as is clear from Article 12(3) and Recital 45 of the E-Commerce Directive, as well as from Article…
…other arts should be regarded as works of architecture. Under Article 12, para. 2 of the LCRR, copyright in a work of architecture, created after realising the architectural design, belongs…
The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work….
…follow on from the new provisions of Article 28 EUTMR and trace back to the IP Translator decision. The new rules come in to effect on 23 March 2016 as…
…puzzlingly, the Court reached the opposite conclusion from that of last summer’s controversial Grand Chamber ruling, this time finding that a violation of Article 10 of the European Convention on…
…a “fair compensation” is paid to copyright holders: this is the case for the reprography exception (Article 5.2.a) and the private copying exception (Article 5.2.b). These two exceptions have been…
…somewhat surprising, however, that the BGH does not see the publication of the link as illegally publicly making available, but as an illegal public communication in the sense of Article…
…another map retains, following its extraction, sufficient informative value to be classified as ‘independent materials’ of a ‘database’ within the meaning of Article 1(2) of Directive 96/9. A full summary…
…creation of these files. However, the defendants also invoked their right of freedom of scientific research – as laid down by Article 13 of the EU Charter of Fundamental Rights….