Case Law

 "The test in case of sale could therefore be reduced to the following simple question: would there have been an infringement if the seller had been established in the Member State where the buyer…

 The Supreme Court maintains its position in a case concerning a Lancôme perfume, stating that ‘copyright only protects creations in their tangible form, so far as this form is identifiable with…

 The Court of Justice delivered its highly anticipated decision on linking. A breath of relief is allowed: linking seems to be legal. But when one looks a little closer, disturbing things begin to…

 “In that case, the publication of an hyperlink is, in principle, not an autonomous communication to the public” It is a common fact that the sex-industry, along with the arms industry,  is a driving…

  “Those who take a train have to accept the risk of being identified abstractly in the crowd of passengers, as this is simply part of the ‘risks of the life’.” The Italian Supreme Court rules that,…

 “For the ECJ, in the meaning of Article 5(3) of the Regulation 44/2001, a harmful event may arise from the possibility of obtaining a reproduction of a work from an internet site accessible within…

 In February this year, the Czech Supreme Court ruled that a mere posting of an embedded link that links to copyright-protected material, must be regarded as a communication to the public and…

 "Civil proceedings for infringement of copyright are barred after 5 years from the day the holder of a right knew or should have known of the facts necessary to exercise his right." In a judgement…

 “A young photographer, Ladislav Bielik, did what came naturally. He raised his camera and shot back.” Last week, people in Slovakia and Czech republic were commemorating the 45th anniversary of the…