Enforcement

120 articles available

 "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 Swiss working group on Copyright (AGUR12) released his report on December 2013 related to management of rights at the digital age. This should lead to a legal basis for a notice and takedown…

 "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…

 In a relatively recent judgement in a criminal case, the Supreme Court of Estonia ruled that that the terms  'trade scale' and  'commercial scale' are not synonymous. The concept 'commercial scale'…

"No need to wait for the ECJ, the Court replied." In Belgium, besides being a tort from a civil law perspective, a copyright infringement can also be a criminal offence, on the condition that it is…

 “The road to Marrakesh is open but is not paved with roses and the outcome of the negotiations is awaited with both hope and reservations. “ While some statistics demonstrate that only about 5% of…

 "The viewer will not experience it as real and will even consider it to be weird, amateurish or even ridiculous." In a case about the use of the ‘house style’ of the Dutch police, the summary…

 The French Supreme Court ("Cour de Cassation") has upheld, in a ruling of 25 September 2012, a judgment of the Court of Appeal of Paris condemning Radioblog and its managing directors to the payment…

 “The ECJ does not go as far as the Advocate General, and observes that given the ubiquitous nature of the content of a website, the mere fact that the website is accessible in a national territory…