Reproduction of out-of-print books

19 November 2016
The copyright directive precludes national legislation authorising the digital reproduction of out-of-print books in breach of the exclusive rights of authors. National legislation must guarantee the protection accorded to authors by the directive and ensure, in particular, that they are actually informed of the envisaged digital exploitation of their work, while being able to put an end to it without formalities. In F[…]

CJEU ruling – reselling of a computer program to a new acquirer

26 October 2016
The initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer. However, where the original material medium of the copy that was initially delivered has been damaged, destroyed or lost, that acquirer may not provide his back-up copy of that program to that new acquirer without the authorisation of the rightholder. In Latvia, criminal procee[…]

Dynamic IP address can be personal data

26 October 2016
The operator of a website may have a legitimate interest in storing certain personal data relating to visitors to that website in order to protect itself against cyberattacks. The dynamic internet protocol address of a visitor constitutes personal data, with respect to the operator of the website, if that operator has the legal means allowing it to identify the visitor concerned with additional information about him which i[…]

Wi-Fi network and copyright infringements?

15 September 2016
The operator of a shop who offers a Wi-Fi network free of charge to the public is not liable for copyright infringements committed by users of that network. However, such an operator may be required to password-protect its network in order to bring an end to, or prevent, such infringements. Mr Tobias Mc Fadden runs a lighting and sound system shop in which he offers access to a Wi-Fi network to the general public free of charge in ord[…]

Links and copyright

15 September 2016
The posting of a hyperlink on a website to works protected by copyright and published without the author’s consent on another website does not constitute a ‘communication to the public’ when the person who posts that link does not seek financial gain and acts without knowledge that those works have been published illegally. In contrast, if those hyperlinks are provided for profit, knowledge of the illegality of the pub[…]

Judgment of the CJEU: Tommy Hilfiger

29 July 2016
The operator of a physical marketplace may be forced to put an end to trademark infringements committed by market-traders. The company Delta Center is the tenant of the marketplace ‘Pražská tržnice’ (Prague market halls). It sublets to market-traders the various sales areas in that marketplace. Manufacturers and distributers of branded products discovered that counterfeits of their goods were regularly in Prag[…]

Judgment of the GC: Future Enterprises v. McDonald’s

29 July 2016
According to the General Court, the repute of McDonald’s trade marks makes it possible to prevent the registration, for foods or beverages, of trade marks combining the prefix ‘Mac’ or ‘Mc’ with the name of a foodstuff or beverage In 2008, the company Future Enterprises, of Singapore, applied for registration of the EU trade mark MACCOFFEE for foodstuffs and beverages, which was granted in 2010 by EUIPO (European U[…]

AG: the lending of electronic books is comparable to the lending of traditional books

20 June 2016
In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books. A 2006 EU directive concerning, among other things, the rental and lending rights in respect of books provides that the exclusive right to authorise or prohibit such rentals and loans belongs to the author of the work. Member States may, however, derogate from that exclusive right in respect of public len[…]

The EU trade mark representing the shape of a Rubik’s Cube should be declared invalid?

25 May 2016
Advocate General Szpunar considers that the EU trade mark representing the shape of a Rubik’s Cube must be declared invalid.At the request of Seven Towns, a UK company which manages, in particular, intellectual-property rights relating to the ‘Rubik’s Cube’, the European Union Intellectual Property Office (EUIPO) registered, in 1999, the shape of that cube as a three-dimensional Community trade mark in respect[…]

The posting of a hyperlink does not constitute a copyright infringement

9 April 2016
According to Advocate General Wathelet, the posting of a hyperlink to a website which published photos without authorisation does not in itself constitute a copyright infringement. Pursuant to an EU Directive, each act of communication of a work to the public has to be authorised by the copyright holder. Sanoma, the editor of the monthly magazine Playboy, commissioned a photoshoot of Britt Dekker, who regularly appears on t[…]