Case Law

671 articles available

The Spanish Supreme Court has annulled some of the rules regulating the system of financing fair compensation for private copying through the General State Budget on the grounds that they are…

Background, Facts, and Questions On 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 – Microsoft Mobile Sales International and others. (The…

A full report of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The Court of Justice of the European Union concluded that…

A full report of this case has been published on Kluwer IP Law. Article L.113-3 paragraphs 1 and 2 of the French Intellectual Property Code (‘IPC’) provides that a work of collaboration shall be the…

A full report of this case has been published on Kluwer IP Law. In this landmark case, the Estonian Supreme Court analysed in detail the legal issues relating to equitable remuneration for the…

 Yes, e-lending can land itself a spot under the public lending right. That is what the European Court of Justice held in its preliminary ruling in the case between Vereniging Openbare Bibliotheken v…

In a recent decision (case C-169/15), the Court of Justice of the European Union has ruled that Directive 93/98/EEC harmonising the term of protection of copyright in the EU does not have the effect…

Decision of the German Bundesgerichtshof of July 28, 2016, file no. I ZR 9/15: “Auf fett getrimmt” (“trimmed to the fat”). In accordance with the CJEU decision in Deckmyn v. Vrijheidsfonds…

Following a referendum on 23 June 2016, 51.9% of UK voters said “yes” to Brexit. British Prime Minister Theresa May revealed earlier this month that Article 50 TEU will be triggered by March 2017,…