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26 Apr 2017, 2:18 am
Furthermore, the exemption is to be applied only in certain special cases which do not impair the normal exploitation of the work or other subject matter and do not unreasonably prejudice the legitimate interests of the right holder. [read post]
25 Apr 2017, 2:29 am
The report rejects the Commission’s premise and clarifies that using snippets to make news discoverable is not necessarily harmful to publishers’ financial interests, and thus shouldn’t be subject to licensing. [read post]
20 Apr 2017, 2:00 am
The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993 sets out the comprehensive requirements for inter-country adoptions and safeguards children’s interests. [read post]
19 Apr 2017, 4:57 am
Counsel for the Claimant (Jonathan Moss, Hogarth Chambers) made the very valid argument that if the approach taken by HHJ Hacon were right, then in practice art.97(5) would provide no exception to the general rule under art.97(1) (Council Regulation (EC) No. 207/2009) that Defendants should be sued in their place of domicile. [read post]
10 Apr 2017, 9:08 pm
The proposed Regulations will enable the execution and enforcement in Northern Ireland of the Novel Food Regulation (EU) 2015/2283 (which amends Regulation (EU) No 1169/2011 and repeals Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001). [read post]
27 Mar 2017, 4:15 pm
This provision must be interpreted in the light of the Data Protection Directive (95/46/EC)(“the Directive”) which it seeks to transpose into domestic law. [read post]
15 Mar 2017, 5:24 pm
Such an interpretation is sensible, although if the characterisation of data controller is retained it would seem logical [but who is interested in logic?] [read post]
15 Mar 2017, 1:17 pm
The interesting part of the judgment is the Court’s discussion of questions two, four and five. [read post]
28 Feb 2017, 4:17 am
Kluwer BloggerTo ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. [read post]
24 Feb 2017, 1:00 am
In the answer to the question (for the background of the case see the IPKat post), the ECJ states "Article 13 of Directive 2004/48/EC ... must be interpreted as not precluding national legislation ... under which the holder of an intellectual property right that has been infringed may demand from the person who has infringed that right either compensation for the damage that he has suffered ... or, without him having to prove the actual loss, payment of a sum corresponding to twice the… [read post]
21 Feb 2017, 10:57 am
But, whatever ultimately happens in the ECJ appeal of the EC's state aid decision regarding Apple and Ireland, I would be surprised if this set of arguments ended up cutting much ice. [read post]
12 Feb 2017, 1:10 pm
As the proposal highlights, the recast would aim at better protecting the best interest of the child. [read post]
9 Feb 2017, 6:38 am
She has a special interest in media law and data protection. [read post]
6 Feb 2017, 9:28 am
Miquel MontañáClifford ChanceOn 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding to twice the remuneration amount that the third party would have… [read post]
1 Feb 2017, 9:00 am
The debate playing out across the globe presents many challenges, and it will be interesting to review further iterations of this proposed right in the coming months, as well as the response from EU institutions. [read post]
27 Jan 2017, 4:07 pm
The ubiquity of social media platforms and their significance in disseminating information (true or false) to potentially wide groups of people was highly unlikely to have been in the minds of the European legislators when they agreed, in 2000, the e-Commerce Directive (Directive 2000/31/EC) (ECD). [read post]
25 Jan 2017, 5:44 am
On Tuesday, the commission—which is the executive arm of the European Union—said that it was seeking feedback from interested parties on commitments that have been proposed by Amazon, after the competition wing of the EC opened an investigation into the company in June 2015. [read post]
18 Jan 2017, 1:48 pm
The ECJ’s judgments clarify that public interest in “information on emissions into the environment” is important and oftentimes overrides commercial interests. [read post]
16 Jan 2017, 6:37 am
The Commission notes that any current or new Member State data location restrictions need to be carefully justified under the principle of free movement of data within the EU to verify that they are necessary and proportionate to achieve an overriding objective of general interest, such as public security. [read post]
15 Jan 2017, 4:17 pm
Many interested parties published their consultation responses. [read post]
