CJEU

Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, website blocking, webstreaming

CJEU Allowed Website Blocking Injunctions With Some Reservations
So the CJEU finally issued its UPC Telekabel Wien C-314/12 decision. It contains several good points, but also some missed opportunities (the rejections of a need of specific measures is quite a disappointment), and black-box type of issues, where only the time will tell. But before I get to the ruling, it is very interesting
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Posted in CJEU, communication to the public, copyright, linking

CJEU: Hyperlinks Are Copyright Free. Are They Really?
Highly awaited Svensson C-466/12 ruling of the CJEU is now available online. It will be most likely positively received by the European media. And probably rightly so. Despite this, however, I can not help to (preliminary) question two basic issues in the ruling: Assumption of the authorized (source) content; CJEU carries out the entire analysis
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Posted in CJEU, data scraping, database right, search engines

Meta Search Engines Likely to Infringe Database Right by Data Scraping
The Christmas time drowned out publication of a particularly interesting CJEU decision – Innoweb C‑202/12 – dealing with the EU-specific database right and its applicability to meta search engines. The preliminary reference before the CJEU came from a Dutch proceedings of Wegener group against Innoweb BV and its operation of a dedicated car meta search
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, EU, in rem injunctions, innocent parties injunctions

AG: Website Blocking Is Compatible With The Union Law
Advocate General Pedro Cruz Villalón just published his opinion in UPC Telekabel Wien C‑314/12 case. He concludes that in principle website blocking is permissible injunction against an innocent intermediary. Because the opinion is not yet available in English, I summarize below only some points, that I found to be the most important: § 59: the
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Posted in Art. 5(3), CJEU, conflicts of laws, EU, intellectual property, jurisdiction

Is Pinckney Dangerous Law?
I wanted to post this comment since CJEU in October this year handed its perplexing Pinckney C-170/12 ruling. When this Thursday Advocate General Jääskinen published its opinion in Coty Prestige C-360/12, I felt obliged to go back to its confusing language and arguments and point out why Pinckney is a bad law. My regular readers
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Posted in Art. 8(1) EnforD, banks, CJEU, enforcement, trade marks

New CJEU Case: Are Banks Required to Disclose the Identity of their Customers to Trade Mark Holders?
Some readers might remember my blog post on a Dutch decision BREIN v. ING, which basically asked the question whether banks are required to disclose the identity of their customers to copyright holders. As I indicated already in that blog post, German Federal Supreme Court (BGH) was hearing very similar trade mark case at the
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Posted in actio negatoria, Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, in rem injunctions, injunctions

Injunctions Outside of Tort Law?
Thanks to crowd funding call orchestrated by Jeremy and several extraordinary people from around the world (some of them anonymous), to whom I am greatly indebted for their spontaneous support, I will be able to share one of my recent work-in-progress papers with audience at INTA next week in Dallas. The working version of the
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Posted in CJEU, data protection, EU, personal data, personality rights

Does Use of CCTVs to Protect Your Home From Offenders Fall Outside of EU Data Protection Laws?
This is how we could rephrase a new preliminary reference by the Czech Administrative Supreme Court.  Journalist and former publisher of local newspapers Mr. Ryneš had persisting problems with unknown offenders who attacked him six times and several times damaged his house. Czech Police never found out who they were. Mr. Ryneš thus decided to
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