Exhaustion

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Photo by Markus Spiske on Unsplash Welcome to the first trimester of the 2022 round up of EU copyright law! We started this rubric back in 2021. In this series, we update readers every three months…

Photo by Ian Taylor on Unsplash The UK government has run a consultation on the future of the UK’s exhaustion of IP rights regime. This ran for 12 weeks, closing on 31 August 2021. The consultation…

  Image by xresch from Pixabay Part I of this post introduced the recent emergence of Non-Fungible Tokens (NFTs), explained their basic characteristics and what they can represent. In this Part II we…

 One of the most awaited copyright rulings of 2019 –  Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (C-263/18), on the admissibility of digital…

 On 17 September 2019, the Paris Court of First Instance (“court”) delivered its judgment in the dispute between UFC-Que Choisir (“UFC”), a consumer organisation, and a videogame distribution…

On 10 September 2019, AG Szpunar delivered his opinion in Nederlands Uitgeversverbond and Groep Algemene Uitgevers v. Tom Kabinet (C-263/18), concerning the lawfulness of Tom Kabinet’s sale of second…

 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…

 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…