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…

Conference, Moral rights

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles)/ /Leave a comment

In 1993, the Belgian chapter of International Literary and Artistic Association (ALAI) organised an international conference in Antwerp on the moral rights of the author. This year, more than twenty years later, the international copyright community will gather in Brussels to discuss the Moral rights in the 21st century.  The central theme of this conference…

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…

Enforcement, Injunction, Legislative process, Liability

(CIPIL, University of Cambridge)/ /Leave a comment

“The underlying key question – can technology solve this problem and, if so, should technology be allowed to determine law? – remains unanswered.” On 2-4 July 2014 Information Influx, the 25th anniversary conference of the Institute for Information Law (IViR) was held in Amsterdam. As part of the conference, on the morning of Thursday, 3…

Digital Single Market, European Union, Jurisdiction, Legislative process

/ /Leave a comment

“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…