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Tag Archives: CJEU

CJEU to rule on press publishers’ neighbouring right

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’ neighbouring right – as implemented into German copyright law in 2013 – were properly enacted back then.

IP Enforcement Focus : Europe – round-up

IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. Since January, we have published 13 summaries of key IP enforcement developments, including 8 v-logs. This round-up outlines each commentary with a link to the full post,

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with pre-installed add-ons that contained links to illegal streaming websites constitutes a copyright infringement. At the same

CJEU: Comparative advertising – Putting prices into perspective

This short IP Enforcement Focus v-log covers a welcome confirmation from the CJEU on some comparative or misleading advertising ground rules. In case C-562/15 between Carrefour and Intermarché, the legality of the former’s claim of lower prices than any competitor was called into question. The central issue here was based around whether hypermarket prices were being compared to those of smaller

CJEU clarifies need-to-know in IP infringement

In this short IP Enforcement Focus v-log we discuss IP Owners’ right of information in accordance with Article 8 of the EU IP Rights Enforcement Directive. Specifically the interplay between proceedings to obtain measures such as cease and desist rights – and obtaining information from the infringer. The CJEU was requested to make a preliminary ruling by the Supreme

CJEU: French connection – when online infringement crosses borders

This short IP Enforcement V-log, summarises a recent claim of online infringement in which French courts were permitted to proceed against online infringement outside France. But does this pave the way for future multi-jurisdiction cases under Article 5 of the Brussels regulation? Watch this v-log here IP Enforcement Focus is a series of written, video and audio posts which plug

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that index content available on peer-to-peer (P2P) networks, such as The Pirate Bay, infringe copyright when there is no

EU: Risk of IP litigation II: CJEU – Moral damages

In this IP Enforcement Focus v-log, we report on a decision by the European Court of Justice dealing with damage claims in the field of IP. The question the court had to answer was whether moral damages can be obtained in addition to damages based on a fictional license fee. (CJEU – C-99/15) Watch this

France: Disparagement or FRAND offer?

A letter to the customers of a handset conceiver and seller, warning them against possible infringement, may constitute an offer for a Fair Reasonable And Non-Discriminatory (“FRAND”) license and is not constitutive of unfair competition. Wiko v. SISVEL, Commercial Court of Marseille, France 20/09/2016 The case reported is the first French FRAND-case initiated after the Huawei/ZTE

IP Enforcement Focus : Europe – Quarterly round-up

IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. Over the last quarter, we have published 12 summaries of key IP enforcement developments, including 4 v-logs. This roundup outlines each commentary with a link

CJEU: Exceptions of InfoSoc do not cover out-of-commerce works

Is it permitted to reproduce out-of-commerce works and make them publicly accessible under European copyright exceptions? So far, there is no explicit regulation at European level dealing with out-of-commerce works. However, a few member states, including Germany, have already complemented their copyright by way of introduction of new provisions governing the use that one can

CJEU: Landmark decision on digital lending of e-books

On 10 November 2016, the European Court of Justice (CJEU) rendered a landmark decision on the lending of e-books. Public libraries may rely on statutory copyright exceptions when lending out e-books and are not required to obtain a contractual license explicitly covering such e-lending right. With its decision, the CJEU applies the same legal principles

CJEU: Advocate General comments on radio and TV in hotel rooms

Guests entering hotel rooms expect to be able to turn on the TV or listen to the radio. Accordingly, TVs and radios feature in almost any hotel room around the world. However, this commodity has been the trigger for numerous legal disputes in recent years. As always, the quarrel is about money. In this post

CJEU: Hard blow for Italian copyright levies system and the Italian collecting society (SIAE)

 On 22 September 2016, the Court of Justice of the European Union (“CJEU”) issued a landmark decision in case C-110/15, regarding the Italian private copy exception and the related copyright levies system. This decision uncovered longstanding failings of the Italian rules on copyright levies, which were found to be contrary to EU principles of fairness,

CJEU decides once again on sale of used software

In 2012 and in the context of the well-known decision UsedSoft, the European Court of Justice (CJEU) decided on the sale of used software that has been purchased online via a download (3 July 2012, C‑128/11). There the CJEU clarified that the same rules and in particular the principle of exhaustion apply to software regardless

A post–Chronopost post: CJEU on territorial scope of EUTMs

The CJEU returns to the consequences of the unitary character of EU trade marks in its recent combit / Commit ruling of 22 September 2016. The court confirms the principles it had laid down in Chronopost in 2011: The aim of protecting the trade mark functions trumps territoriality. Or, in other words: If the use

CJEU: New landmark case on hyperlinking

Last Thursday, the Court of Justice of the European Union (CJEU) handed down a long-awaited judgment on the separation of legal and illegal hyperlinking (see verdict of 8th September 2016, C-160/15 – GS Media). At the heart of the decision is the question of when a hyperlink is to be deemed a “communication to the

EU: Advocate General comments on lending of e-books

Will the lending of e-books be governed by the same rules as the lending of “classic” printed books? This is an important question that public libraries and others are eagerly trying to get answered in Europe. The Court of Justice of the European Union (CJEU) currently is sitting over a case that deals with exactly

Germany: Copyright Law – Sound-sampling and no end in sight

On the 31 May the German Federal Constitutional Court issued a decision in the case “Metall auf Metall”. This is the latest decision in a German Court battle that has been on-going for 17 years now. It concerns the question of whether the sampling of very short sounds constitutes copyright infringement or not. While it

CJEU: TVs in a rehab facility constitute a “communication to the public”

On 31 May 2016, the European Court of Justice (CJEU) handed down a long awaited decision regarding the interpretation of the term “communication to the public” (Case Ref. C-117/15). Over recent years, the interpretation of this term has been heavily under discussion. It was subject-matter of various lawsuits in many Member States as well as before the