Posted in CJEU, copyright, three-step test

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
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Posted in CJEU, copyright, originality, SK

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
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Posted in copyright, Court of Justice, EU, originality

European Originality Doctrine – Another Step Further?
Story of European originality concept seems to be evolving with every possible court case. For those who don´t know what I am talking about, a brief summary first. CJEU first in Infopaq C-5/08 expanded Union law concept of originality to the other works that photographs, databases and computer programs, which have their own directives. Later
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Posted in Art. 11 EnforD, Art. 5 TMD, Court of Justice, EU, injunctions, trade mark use, trade marks

Frisdranken Case: Another Bit on ´Intermediary Non-use´ of the Trade Mark
Today, the Court of Justice of the European Union decided very interesting trade mark case – Frisdranken Industrie Winters BV C-119/10, which deals with the question of whether intermediary companies, such as a service provider who, under an order from and on the instructions of another person, fills packaging which was supplied to it by
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Posted in Art. 11 EnforD, Art. 15 EcomD, censorship, Court of Justice, EU, ISP, Liability of ISPs

Thanksgiving gift from Luxembourg – Sabam!
Huťko is very happy to inform you that the Court of Justice of the European Union just rendered its superb decision in Sabam C‑70/10. Not only it is favorable to “internet freedoms”, but to Huťko’s great surprise, it is also based on different, but even better reasoning (the court actually discussed the balance between IP-rights
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Posted in Uncategorized

AG´s Opinion in Bonnier Audio Published
The Curia just published Advocate’s General opinion in Bonnier Audio C-461/10. English version is however not available. Advocate General Jääskinen suggests that (in German) Nach alledem schlage ich dem Gerichtshof vor, auf die Vorlagefragen des Högsta domstol wie folgt zu antworten: Die Richtlinie 2006/24/EG des Europäischen Parlaments und des Rates vom 15. März 2006 über
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Posted in copyright, Court of Justice, EU, InfoSocD, US

Functionality & Expression-Idea Dichotomy Under New European Doctrine of ´Work´
Some of readers might be aware of a pending copyright case Oracle v. Google in the United States. It looks like Oracle is trying to rely on copyright protection of the following subject matter (quoted from Groklaw): .. its “selection, arrangement and structure” of elements in the APIs described by the 37 API specifications ..
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