The Polish government has filed a complaint against the new DSM Directive, and more specifically against its art. 17. While it will be a long time until the CJ EU issues a decision, the complaint…
In December, we set out our views on what would happen to copyright in the UK following Brexit – see here. This blog is intended to provide an update in light of more recent events.
On 15 January…
Back in 2016, the CJEU examined the question of whether backup copies of software could be resold, following the exhaustion of the right of distribution pursuant to the judgment in C-128/11 UsedSoft…
Copyright and design - too many layers of protection for G-Star Raw jeans and other functional creations?
On 2 May 2019, Advocate General Szpunar delivered his opinion in Case C-683/17, Cofemel –…
Part 1 of this post discussed the legislative history and significance of the CJEU referral in Tom Kabinet. This part will illustrate content and implications of the three classificatory dichotomies…
After years of contradictory decisions and obiter dicta, on April 2, 2019 the CJEU held the first hearing in Tom Kabinet (C-263/18), a Dutch referral that promises to solve once and for good the…
Introduction: digital exhaustion
One of the main limitations to the right of distribution in European copyright law is the principle or rule of exhaustion. This rule, known as the first sale…
In its judgment of 19 December 2018 in Criminal proceedings against Imran Syed (C-572/17) the Court of Justice of the European Union (CJEU) rules that the storage of copyright infringing items…
Following the Paris Court of Appeal judgment of 10 May 2016 (No 14/25055), the French courts have tended to consider that a licensee who breaches the terms of a software licence agreement does not…
