Remedies

The Court of Appeal confirmed that playing phonograms in a night club requires authorisation from and payment to the relevant right holders (performers and artists). On the question of damages, the…

In this case, the Supreme Court of Estonia analyses the concept of the “hypothetical licence fee” under the Estonian Copyright Act, in accordance with Article 13(1)b) of the EU Enforcement Directive…

The French Supreme Court held that the costs relating to the blocking measures ordered by the courts are strictly necessary for the preservation of the intellectual property rights and that the…

Legal enforcement of open source software license violations, in particular violations of the General Public License (GPL), has been established in Germany for quite some time. Back in 2004, the…

 Over the course of the last couple of months, we witnessed an outburst of creativity concerning the wording of Art 13 of the Digital Single Market Directive (‘the Directive’). Last week, the…

A full summary of this case has been published on Kluwer IP Law. The Estonian Authors’ Society (EAÜ) is a collecting society that administers authors' economic rights in Estonia. The EAÜ sued a music…

Microsoft Corp. established, as a matter of law, that several California retailers infringed the software giant’s copyrights and trademarks by selling 60 units of software, each of which included a…

A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. The CJEU held that EU law, particularly Article 5(2)(b) of Directive…

  Blockchain technology seems to be all the rage nowadays. In simple terms, blockchain enables parties who do not know or trust each other to maintain a common set of records without the need for a…