On November 13th the Dutch Supreme Court provided another chapter in the case of ISPs and blocking of the Pirate Bay (hereafter: TPB). It decided that the Court of Appeal had used an incorrect,…
The French Supreme Court (‘Cour de cassation’) has caused a stir in France (15 May 2015, No 13-27391), by quashing a judgment of the Court of Appeal of Paris for breaching Article 10-2 of the…
Introduction
The SGAE case recently resolved by the Spanish Competition Authority ended in a settlement agreement, as we previously reported .
As we indicated in that article, this case did not just…
The court held that the applicable law is determined by the lex loci protectionis (Schutzlandprinzip), therefore the question of authorship in Switzerland is determined by the Swiss “creator’s…
When considering whether a collective management organisation had abused its dominant position by imposing unreasonably high licence fees, it was justifiable to compare its fees with the fees in…
Introduction
9 July 2015 saw the resolution of the umpteenth case involving Spain’s National Commission for Markets and Competition (CNMC) versus a Spanish collecting society (judgment here). On this…
By Jeremy Blum and Luke Maunder, Bristows
A recent decision in the UK Intellectual Property and Enterprise Court (IPEC) provides some helpful guidance on the application of the ‘user principle’ and,…
The installation of TV sets in hotel rooms, which show videograms through the TV signal distributed by a cable operator, constitutes a public performance and the making available to the public of…
We reported here last month that the private copying exception, which took effect on 1 October 2014 as s.28B of the Copyright, Designs and Patents Act, was declared unlawful by the High Court. The…
