Tag Archives: CJEU

AG Szpunar advises CJEU to rule that copyright protection in designs simply arises when they are original

G-Star Elwood, a style of jeans that G-Star claims Cofemel to have copied in the background Portuguese proceedingsAt what conditions can a design be protected by copyright? Is it compatible with EU law that a certain national law requires a design … Continue reading

Posted in Copyright Law | Tagged , , , , , , , , , , | Leave a comment

AG Szpunar advises CJEU to rule that quotation exception is not limitless and that there is no fair use in the EU

After the late 2018 Opinions in Funke Medien [here] and Pelham[here], yesterday Advocate General Maciej (AG) Szpunar – IPKat's copyright person of the year 2018 – issued his Opinion in Spiegel Online, C-516/17 [background here], the third German referral asking the Court of Justice of the European Union (CJEU) to weigh in … Continue reading

Posted in Copyright Law | Tagged , , , , , , , , | Leave a comment

Juggling with trouble: Swedish Supreme Court asks about communication to the public in car rental cases. A comment on the CJEU reference in Case C-753/18

Kacper SzkalejIn a decision of 13 November 2018 concerning joined cases T 5909-17 and T 891-18 the Swedish Supreme Court, Högsta domstolen (HD), has decided to ask the CJEU whether the catalogue of acts falling within the concept of communication … Continue reading

Posted in Copyright Law | Tagged , , , , , , , , , , , , , , , | Leave a comment

AG Hogan advises CJEU to rule that German press publishers' right is unenforceable

The new Irish AG, Gerard HoganOne of the most controversial proposals in the draft Directive on copyright in the Digital Single Market is Article 11 [Katposts here], this being a provision that would introduce at the EU level a new … Continue reading

Posted in Copyright Law | Tagged , , , , , , , , | Leave a comment

EU Copyright Reform, Fundamental Rights & Life as CJEU Judge at the ERA Copyright Conference

This Kat had the pleasure of attending the ERA annual Conference on EU Copyright Law in Trier on the 22nd and 23rd November. The event involved two days of discussions focused on EU copyright reform as well as the interplay … Continue reading

Posted in Copyright Law | Tagged , , , , , , , , | Leave a comment