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28 Feb 2024, 2:08 am by Bettina Clefsen (b/cl IP)
The subject matter has been touched somehow in the field of copyright, where the CJEU dealt with the question whether the distribution of copies from abroad infringes the author’s right of distribution in the country of protection (Decision of the CJEU of 21 June 2012 in Case C-5/11 – Donner). [read post]
3 Apr 2023, 8:31 am by Eleonora Rosati
The principal holding of the former – that is: works of applied art should be protectable under copyright at the same conditions as any other type of subject-matter – was already evident as early as 2011 when the CJEU decided Flos. [read post]
16 Aug 2022, 2:30 pm by Jacob Katz Cogan
Belgium’s international responsibility for the atrocities of the Congo Free State and the question of State succession in matters of international responsibility I.R. [read post]
7 May 2022, 12:17 pm by Eugene Volokh
Donner, 497 F.2d 184, 192 (7th Cir. 1974) (even "constitutionally protected speech may nevertheless be an overt act in a conspiracy charge"). [read post]
10 Sep 2021, 8:26 am
Nonetheless, the discussion itself may well have substantial implications for the tenor and trajectories of discussions about complicity as a matter of civil liability and as a factor in the way that complicity is understood both as a moral matter and as part of corporate responsibility to respect human rights under the 2nd Pillar of the UN Guiding Principles for Business and Human Rights and related normative standards. [read post]
17 Sep 2019, 2:59 am
Other worksMoving on to other copyright subject matter, the implications of Cofemel are equally profound. [read post]
15 Jul 2019, 11:00 pm
 It achieved a similar conclusion with regard to the notions of ‘reproduction’ (FAPL) and ‘reproduction in part’ (Infopaq) within Article 2 of the InfoSoc Directive and the notions of ‘distribution’ (Donner, Dimensione Direct Sales and Labianca) within Article 4 of the same directive. [read post]
2 May 2019, 11:29 am
Also, it is required that the subject matter at issue be identifiable with sufficient precision and objectivity.Copyright protection of designsAccording to AG Szpunar [correctly], the notion of 'work' as thus defined applies to all works. [read post]
2 Apr 2019, 12:52 pm by Tobias Lutzi
Now, considering the case law of the Court of Justice regarding other instruments of IP law (see, eg, Case C-5/11 Donner; Case C-173/11 Football Dataco), there may be room for a substantive requirement of targeting that could potentially reduce the number of applicable laws. [read post]
4 Oct 2018, 10:03 am
It did so in Donner and Dimensione Direct Sales [and, I would say, also in Blomqvist]: distribution to the public is characterized by a series of acts going, at the very least, from the conclusion of a contract of sale to the performance thereof by delivery to a member of the public. [read post]
29 Mar 2018, 5:27 am by Barry Sookman
The FairPlay coalition comprising more than 25 organizations representing hundreds of thousands of members of Canada’s creative community made a reasonable proposal to the Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s telecommunications and broadcast regulator, to address the scourge of online copyright infringement.[1]  The proposal, which involves website blocking, was immediately attacked by anti-copyright activist Michael Geist… [read post]
24 Jan 2018, 5:25 pm
In Flos the CJEU stated in fact that: "it is conceivable that copyright protection for works which may be unregistered designs could arise under other directives concerning copyright, in particular Directive 2001/29, if the conditions for that directive’s application are met, a matter which falls to be determined by the national court. [read post]
13 Jan 2018, 8:00 pm
We also conclude that a brand-name manufacturer’s sale of the rights to a drug does not, as a matter of law, terminate its liability for injuries foreseeably and proximately caused by deficiencies present in the warning label prior to the sale. [read post]
23 Aug 2017, 8:48 am by David P. Dean
Practitioners representing any of the traditional parties in a construction matter should be sure to familiarize themselves with these new provisions, and advise their clients accordingly. [read post]
22 Aug 2017, 1:10 pm
We consider it appropriate to remand this matter to the Court of Appeal to permit that court to determine the question in the first instance. [read post]
22 Aug 2017, 4:00 am by Guest Blogger
New content, no matter how high quality, risks contributing to the problem of information overload. [read post]