German courts have been dealing with the Metall auf Metall [song by the German band Kraftwerk] case for two decades. Recently, the CJEU, too, has had to deal with the case and ruled by judgment of 29 July 2019 (C-476/17) that...more
8/5/2019
/ Artistic Works ,
Audio Recording ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Digital Sampling ,
EU ,
Infringement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
Musical Sound Recordings
On June 6, 2019, the General Court (GC) declared two designs filed for the famous car model Porsche 911 in 2004 null and void, and thereby confirmed the EUIPO’s decision that the later models of the 911 lack the registrable...more
Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. ...more
4/15/2019
/ Copyright ,
Copyright Infringement ,
Digital Downloads ,
Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
Intellectual Property Protection ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process
On 26 March 2019 the EU Parliament voted to pass the draft Copyright Directive (“Directive”) into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s...more
4/2/2019
/ Copyright ,
Copyright Infringement ,
Digital Downloads ,
Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
Intellectual Property Protection ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process
Yesterday (26 March 2019) the EU Parliament voted to pass the draft Copyright Directive into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted...more
3/27/2019
/ Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
Intellectual Property Protection ,
Just Compensation ,
Online Platforms ,
Popular ,
Publishers ,
Right of Reproduction ,
Search Engines
Today a short time ago the EU Parliament voted to pass the draft Copyright Directive into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, it will become EU...more
3/26/2019
/ Copyright ,
Copyright Infringement ,
Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
European Parliament ,
Intellectual Property Protection ,
Online Platforms ,
Parliamentary Procedure ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements
On 13 February 2019 the Commission, the European Parliament and the Council finally agreed the text of the long-awaited draft Copyright Directive (COM(2016)593) (“Directive“). ...more
3/22/2019
/ Copyright ,
Copyright Infringement ,
Data-Sharing ,
Digital Downloads ,
Digital Single Market ,
EU ,
European Copyright Directive ,
Information Technology ,
Intellectual Property Protection ,
Internet ,
Licensing Rules ,
Online Platforms ,
Regulatory Oversight ,
Regulatory Requirements ,
Startups
Agreement on a compromise text for the new Copyright Directive was reached between Member State government representatives, EU Parliament representatives and the EU Commission last week. ...more
2/26/2019
/ Copyright ,
Copyright Infringement ,
Cross-Border ,
Data Mining ,
Digital Single Market ,
EU ,
European Copyright Directive ,
Intellectual Property Protection ,
Publishers ,
Regulatory Oversight ,
Regulatory Requirements
In December 2018, CJEU Advocate General Szpunar took the view that the reuse of a sound sequence in a new song (referred to as sampling) without the author’s permission violates copyright law (case C-476/17 – Moses Pelham et...more
2/11/2019
/ Advocate General ,
Artistic Works ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Court of Justice of the European Union (CJEU) ,
Digital Sampling ,
Germany ,
Intellectual Property Protection ,
Music Industry ,
Musical Sound Recordings ,
Right of Reproduction
MARKENRECHTSMODERNISIERUNGSGESETZ (MaMoG) ZUR UMSETZUNG DER EU-MARKENRECHTSLINIE 2015/2436 TRITT IN KRAFT -
Am 14. Januar 2019 trat die Novellierung des Markengesetzes durch das MaMoG in Kraft, mit der eine Reihe von...more
2/1/2019
/ Data Breach ,
Data Protection ,
E-Commerce ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
General Data Protection Regulation (GDPR) ,
Germany ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patents ,
Standard Essential Patents ,
Trademarks
At the end of July, the German Federal Court handed down its judgment in a copyright case having huge impact for operators of open Wifi services. For the first time, the judges had to deal with Sec. 7 (4) and Sec. 8 (1) s. 2...more
8/16/2018
/ Cease and Desist Orders ,
Civil Liability ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
EU ,
File Sharing ,
Germany ,
Internet ,
Third-Party Risk ,
Wi-Fi Hotspot ,
Wifi ,
Wireless Technology