CJEU

224 articles available

1. Introduction The internet has been a challenge for copyright since its advent two decades ago. Many questions have now been answered. It is surprising, however, that one of the main internet…

On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian…

IN CASES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COMPENSATION FOR MORAL DAMAGES IS COMPATIBLE WITH PECUNIARY DAMAGES CALCULATED ON THE BASIS OF “HYPOTHETICAL ROYALTIES”.  Judgment of the…

On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting…

Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction right…

In response to a reference from the Brussels Court of Appeal, the CJEU held that Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting…

Wolters Kluwer is proud to launch its new Kluwer Trademark Blog, our latest IP Law blog, in addition to the successful Patent and Copyright law blogs. Trademark law is constantly developing,…

The case of Svensson Retriever has shown that a hyperlink to a work freely available on a website accessible for all internet users is not a new communication to the public in the sense of Article 3…

Readers of this blog are familiar (or should I say fed up?) with the piecemeal legal framework of EU copyright. With nine directives in the field of copyright alone (plus one on enforcement), the…