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Jeremy Blum  (Bristows LLP) , Sarah Blair  (Bristows)
UK: eXtreme Lockers but not an extreme case
February 06, 2017

 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…

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Maria Kendrick  (The Dickson Poon School of Law, King's College London)
Brexit Judgment: R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
February 01, 2017

 Introduction from the editors Last week, the UK Supreme Court handed down its judgment in R (Miller) v Secretary of State for Exiting the European Union, a case in which the court had to…

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Leon Trapman  (Institute for Information Law (IViR))
Pearson v. Bär Software: on the use of unprotected databases
January 31, 2017

 On 22 November 2016, the Court of Appeal of Amsterdam decided the case Pearson v. Bär Software (the judgment is only available in Dutch). The judgment seems remarkable in light of the CJEU’s…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Pronman v. Styles, United States Court of Appeals, Eleventh Circuit, No. 16-12157, 18 January 2017
January 26, 2017

The proprietors of a muscle car restoration business, Dan and Gary Pronman, were liable for the attorney fees incurred by the operators of a complaint website in successfully defending against…

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Bojana Kostic  (Institute for Information Law (IViR))
Photographs can fall within the press exception says Serbian Appeal Court
January 25, 2017

 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…

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Geert Lokhorst  (Institute for Information Law (IViR))
GS Media in the National Courts: Fresh Issues on the meaning of 'for profit'
January 17, 2017

 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…

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Brad Spitz  (REALEX)
The ECJ condemns the French Act on digital exploitation of out-of-print books
January 12, 2017

 The French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for out-of-…

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Jan Bernd Nordemann  (NORDEMANN) , Viktoria Kraetzig  (University of Frankfurt)
Linking to illegal content can constitute a copyright infringement – CJEU Sanoma interpreted by a German Court
January 10, 2017

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…

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Kluwer Copyright Blogger
Countdown of the top 10 most popular posts of 2016
January 09, 2017

2016 was a busy year for European copyright law. Unsurprisingly, Brexit and its potential impact on copyright in Europe and the UK was one of the most popular topics on the Kluwer Copyright Blog.…

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Emmanuel Vargas Penagos  (Institute for Information Law (IViR))
Could there be a parody exception for copyright in Colombia?
January 05, 2017

 From August 8th to September 22nd 2016, the Colombian Ministry of Commerce made a public call for comments on a draft reform of the current copyright legislation. A key change that this…

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