Introduction The SGAE case recently resolved by the Spanish Competition Authority ended in a settlement agreement, as we previously reported . As we indicated in that article, this case did…
…the opinion that Section 3(1) of Regulation No. 14 of 17 January 2006 on the “blank tape levy” was not in compliance with Article 5(2)(b) of the “Infosoc” Directive (2001/29/EU)…
…and where public interest is sufficiently guaranteed, as provided in Article 52 of the Spanish Competition Act. This case raises numerous issues, but two are particularly deserving of comment. The…
…the rightholder. One option (Article 13(1)(a)) is an assessment of economic factors, such as lost profits and unfair profits, together with moral prejudice. The second option (Article 13(1)(b)) is for…
…come under the exception of Article 57 German Copyright Act (“GCA”), which implements the incidental inclusion exception of Article 5 (3) lit i) Copyright Directive 2001/29. The BGH decision The…
…public of those videograms. Consequently, authorisation is required from concerned rightholders and equitable remuneration is payable under the relevant provisions of the Code of Copyright and Related Rights (Articles 178(1)(a)…
…20 November 2007, Mediatek Italia Srl and Guiseppe De Gregorio filed an application for a declaration of invalidity of the contested trade mark relying on Article 52(2)(c) of Regulation No….
…The Supreme Court likewise acknowledged the legality of the appeal court’s views with regard to the applicability of Article 78(2) of the Copyright Act, rather than Article 445 §3 of…
…do not cover the right to prevent two-dimensional reproductions such as photographs. In Europe, the discretionary nature of Article 5(3)(h) of the InfoSoc Directive has so far allowed EU Member…
Erno Rubik, creator of the famous Rubik’s Cube, brought suit against a Dutch enterprise that trades in gift articles, including the so-called ‘Magic Cube’, which strongly resembles Rubik’s own ‘Rubik’s…
