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15 Dec 2019, 2:15 pm
The YouTube and Uploaded cases (C-682/18 Petersongs v YouTube and C-683/18 Elsevier v Cyando) pending from the German Federal Supreme Court include questions around the communication to the public right, as do C-392/19 VG Bild-Kunst v Preussischer Kulturbesitz(Germany, BGH), C-442/19 Brein v News Service Europe (Netherlands, Supreme Court) and C-597/19 Mircom v Telenet (Belgium).Questions about injunctions against intermediaries are also raised… [read post]
26 Feb 2014, 4:26 am
May the rights which the Member States lay down pursuant to Article 5(3)(n) of Directive 2001/29/EC go so far as to enable users of the terminals to print out on paper or store on a USB stick the works made available there? [read post]
18 Sep 2008, 3:15 pm
Lawyers for various EU member states and the commission asked Bavaria why it didn't seek to challenge the German brewers' right in 2001, saying that now it is now too late to do so. [read post]
7 Nov 2017, 3:09 am
The Claimant has, in the current state, no right to claim recall and destruction of the infringing products. [read post]
22 Mar 2021, 8:21 am
Here's an Optis Wireless v. [read post]
6 Oct 2023, 1:20 am
Caroline Sophie Rapatz, University of Kiel, has just published her German-language Habilitationsschrift on “European Union Private International Law – Role Model or Hegemony? [read post]
9 Feb 2009, 10:07 am
His lawyer Ulrich Michel is quoted (again by the BBC) "... even if the state of Bavaria were the rightful owner, under German copyright law, you are allowed to use and publish these works for scientific purposes. [read post]
28 Aug 2011, 7:31 am
A group of professors of American and German securities law submitted an amicus brief to the Second Circuit Court of Appeals in Elliott Associates v. [read post]
11 Dec 2009, 8:13 am
Bouzari v. [read post]
24 Jul 2023, 1:41 am
Comment The Court of Appeal noted that it was unfortunate that the trial judge was not referred to Hallen v Brabantia. [read post]
21 Nov 2019, 2:20 am
The pursuit of an injunction while failing to comply with a duty will, as a rule, constitute abuse (unless the implementer is being non-compliant).On timing, the German decision is largely in line with the UK courts – there, the CoA held that its approach on timing was indeed consistent with the flexible approach taken earlier by the German courts. [read post]
25 Nov 2012, 1:10 pm
Further, it is established law that it is for the domestic law of Member States to ensure the effective protection of rights under Community law. [read post]
27 Apr 2011, 4:55 am
United States v. [read post]
3 Jul 2024, 6:45 am
The Court of Appeal notably steered clear of adopting such a rigid approach in 10x Genomics v Nanostring. [read post]
8 Apr 2010, 11:53 am
"Recognized" by the state as a mulatto? [read post]
1 Mar 2017, 2:25 am
The aim of the Judgments Regulation is to prevent parallel proceedings between courts of different Member States. [read post]
3 Apr 2021, 1:54 am
Co. v. [read post]
6 Sep 2020, 4:52 am
In Rat Pack v. [read post]
25 Apr 2016, 5:00 am
Lingering Doubts, Trade Secrets and Copyright PreemptionMike Mireles explores the overlapping IP rights that protect software in the United States.Patentability of user interface designs - Part 2 of 2: the German approach Mark Schweizer analyses the case law from the German Federal Court of Justice (Bundesgerichtshof, BGH) and compares the German and EPO approaches to patentability of user interface designs. [read post]
8 May 2013, 7:00 am
Yesterday, while keeping an eye on the fourth stage of the Giro d'Italia, this Kat spotted the latest judgment of the EU General Court, in case T-579/10, macros consult GmbH - Unternehmensberatung für Wirtschafts - und Finanztechnologie v OHIM - MIP. [read post]
