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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Posted in Art. 11 EnforD, Art. 14 EcomD, Art. 8(3) InfoSoc, BGH, DE, hosting, Liability of ISPs

BGH on Liability of Rapidshare
BGH today according to its press release decided in Atari Europe v. Rapidshare, known also as “Alone in the dark” (BGH, I ZR 18/11, LG Düsseldorf – 12 O 40/09).  The case concerns action brought by Atari Europe, the producer of well-known computer game “Alone in the dark”, against the file-hosting provider Rapidshare.  As the
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, EU, injunctions, ISP, website blocking

New CJEU Referral: Is Website Blocking OK with Union Law?
E-comm blog reports a new exciting Austrian referral (OGH decision) before CJEU, which deals with the question whether the Union law provides for website blocking injunctions against Access Providers. The case UPC Telekabel Wien C-314/12 is already listed on the Curia website and has a potential to solve a vast disagreement of EU courts on
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