CJEU

CJEU Decided in SAS v. WPL

This morning, CJEU rendered very important decision in SAS v. WPL C-406/10. It deals with following issues: Is functionality of a computer program and the programming language used in a computer program protected as a computer program? Is it possible to contractually restrict the reverse engineering? How to asses the copyright protection of the user

CJEU: Bonnier Audio – Quite Disappointment

CJEU today rendered its highly awaited decision in Bonnier Audio C-164/10. Author of these lines is however *very very* disappointed by the outcome. It seems to me that the Court of Justice of European Union, does not realize its ‘constitutional role’ for the member states. The entire decision is pretty much just excerpts from the

Trade Mark Functions – New Chance for CJEU

British IPO just reported a new reference for prelimary ruling – Leidseplein Beheer B.V. and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland B.V. C-65/12, which deals with following interesting question: Is Article 5(2) of Directive 89/104/EEC to be interpreted as meaning that there

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine

Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in

Collective Societies & Free Movement – A New Preliminary Reference to CJEU?

In November 2011, the Czech Constitutional Court, in its ruling II. ÚS 1658/11, canceled decision of the City Court in Prague and referred it back (due to breach of  a right to statutory judge), arguing that the court failed to ask the Court of Justice of European Union on issue of whether Czech Copyright Act,

CJEU: Does The Three Step Test Matter?

Huťko almost missed the publication of Infopaq II. C-302/10 decision. On 17th of January, CJEU pronounced its awaited decision on ´temporary and transient reproductions´, monitoring agencies and most importantly the role of the Union three step test. So what CJEU said?  Question 7 relating to the condition that the acts of reproduction must neither conflict

Newspaper articles not creative enough. An issue for the CJEU?

Kluwer Copyright blog just published my article about ECOPRESS v. STORIN, which denied copyright protection on newspaper articles (reported by IPKat here). In article, I outline the background of the case, give some comments on compatibility with last European cases and mention that our European Information Society Institute, is now preparing amicus curiae brief before