Posted in Art. 8(3) InfoSoc, CJEU, copyright, three-step test

IViR Has Some Numbers for CJEU
One of Huťko’s favorite European Internet law Institutes, Dutch IViR, recently published an interesting survey-based study on downloading and streaming from illegal sources in the Netherlands (including the effects of website blocking on consumers behaviour). Some of the findings might be really interesting for CJEU, who will be deciding two related cases this year. Namely:
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Posted in collective societies, copyright, CR, free movement

Czech Court Asks CJEU: Is Teritorrial Monopoly of Collecting Societies Compatible with Free Movement of Services?
After BSA C-393/09, another copyright preliminary reference from Czech courts is making it’s way to the Court of Justice of EU. This time, on exemptions to the ‘communication to the public’ right, conformity of the territorial monopoly of collecting societies with Union law and possibility of the Horizontal Direct Effect of InfoSoc directive. The new
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Posted in CJEU, communication to the public, copyright, linking

Is Linking to Copyrighted Works Communication to the Public? CJEU is asked
Two decades old debate of internet law now reached the Court of Justice of EU. UK IPO reports new preliminary reference Svensson e.a. C-466/12. 1. If anyone other than the holder of copyright in a certain work supplies a clickable link to the work on his website, does that constitute communication to the public within
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, Court of Justice, EU, secondary liability

Is There Any Union Wide Secondary Liability?
In course of preparing my notes for the lecture on ‘Website blockig’, which I will hold in Brno in two weeks at Cyberspace conference, I bumped to several interesting things, which provoked the question formulated in the headline of the article. ‘Is There Any Union-wide Secondary Liability?’ Firstly, let me explain what I mean when
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Posted in CJEU, conflicts of laws, copyright, trade marks, unfair comptetition

Some Exciting CJEU References
Today somewhat more copyright oriented post. It seems that interesting references for preliminary rulings before the Court of Justice of EU are definitely not on the decrease. Except for the older pending ones, which I list here, consider this fantastic set of cases. Copyright limitations, such as private copying exemption and library use exemption, but
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Posted in copyright, courts, designs, enforcement, industrial property, patents, SK, SPC, trade marks, utility models

How frequent is IP litigation in Slovakia?
EISi, an non-university academic research center for IP & IT, is now working on the complex proposal that aims at improving IP specialization of Slovak judges. Obviously, when considering the impact of the proposed changes, we also had to have a look at the number of litigated cases before Slovak courts. Huťko is glad to
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