Infringement

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The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported…

Readers familiar with EU copyright law will recall that national courts of the EU Member States are able to issue injunctions against ISPs (providers of internet access) ordering them to prevent…

A full report of this case has been published on Kluwer IP Law. The French Supreme Court upheld a judgment of the Court of Appeal of Paris that found an individual guilty of reproducing sculptures of…

 Placing a copyright-infringing armchair in a hotel lobby does not qualify as “distribution”, but displaying a photo of it on the hotel’s website does qualify as “making available” under copyright…

 In December 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator introduced a Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019). Since 2014, on the other…

 United Kingdom unregistered design right (“UDR”) cases are complicated.  The precise nature of the UDR claimed is often difficult to express (from a claimant perspective) and often difficult to…

 In the past few months, the press exception has been at the centre of attention in court proceedings in Serbia. The Appeal Court has concluded that a photograph, protected by copyright, taken a few…

 Lower courts can give fresh insight into the adjudication taking place at the highest national and European courts. This is especially true for the recent GS Media case. The German and Dutch courts…

Decision Landgericht (District Court) Hamburg of November 18, 2016 (file no. 310 O 402/16) Introduction In GS Media vs. Sanoma, the CJEU recently ruled that linking to illegal content may be…