Intellectual Property

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The Court of Justice interprets Article 5(3) Brussels I against Amazon

Article Date: 04-07-2016
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered on 21st April 2016 its judgment in case C‑572/14, Austro-Mechana v Amazon, which is about Brussels I (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The facts ... [Read All]

Hyperlinking to freely available content does not infringe copyright

European Court of Justice, Case C-466/12

Article Date: 13-02-2014
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Could you imagine if every time you wanted to post a link to a cool newspaper article or a youtube VEVO video on your blog you had to obtain a license from the content's rights holders, or else be liable for copyright infringement? Well, for the time being you don't have to worry about it, a... [Read All]

CJEU establishes conditions to be complied with by domestic “private copy levies”

European Court of Justice, case C-521/11

Article Date: 11-07-2013
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
CJEU establishes conditions to be complied with by domestic “private copy levies” In the instant case, the CJEU was faced with a preliminary reference regarding those provisions of the Austrian legislation on copyright protection, whereby a levy is charged on the sale of recording media... [Read All]

UE Council agreement on a Unified Patent Court

UE Council Agreement 2013/C 175/01

Article Date: 20-06-2013
Categories: Intellectual Property Typology: Articles
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From Altalex.EU Blog - Comments (0)
With the Agreement of 20.06.2013, the European Union has established a new Unified Patent Court. The creation of “specialised courts”, whose competence is limited to disputes falling within a specific field of EU Law, was first envisaged by the Treaty of Nice in 2000; so far, only the Ci... [Read All]

Domain names are protected as trademarks only if effectively used for commercial purposes

European General Court - Court of First Instance, case T-321/11

Article Date: 14-05-2013
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was decided by the General Court of the European Union, on appeal to a decision released by the OHIM. A trademark of a political party, the “Partito della libertà” (Freedom Party), had been registered with the OHIM  by Michela Vittoria Brambilla, an activist of the ... [Read All]

“Enhanced Cooperation” can legitimately be used to adopt single EU patent

European Court of Justice, joined cases C-274/11 and C–295/11

Article Date: 16-04-2013
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In this judgment, the Court of Justice of the European Union held the legitimacy of the adoption of  Council Decision 2011/167/EU, which authorizes the use of the “enhanced cooperation” procedure regulated by art. 20 TEU and arts. 320-334  TFEU to enact the legislative instrume... [Read All]

Media and content digitization benefits consumers, but revenues lag behind

European Commission press release

Article Date: 25-10-2012
Categories: Intellectual Property Consumer Law Typology: Articles
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From Altalex.EU Blog - Comments (0)
European Commission Press release Brussels, 25 October 2012  Media and content digitization benefits consumers, but revenues lag behind Digital spending - the acquisition of media products in digital format - tripled from 2006 to 2010 worldwide, with the recording music s... [Read All]

The Data Retention directive

Directive 2006/24/EC

Article Date: 15-03-2006
Categories: Intellectual Property Business Law Consumer Law Typology: Legislation
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From Altalex.EU Blog - Comments (0)
Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC THE ... [Read All]

The Società Consortile Fonografici (SCF) case

European Court of Justice, Case C‑135/10

Article Date: 15-03-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
1. The provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which constitutes Annex 1C to the Agreement establishing the World Trade Organisation (WTO) signed at Marrrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the... [Read All]

The Phonographic Performance case

European Court of Justice, Case C-162/10

Article Date: 15-03-2012
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
1. A hotel operator which provides in guest bedrooms televisions and/or radios to which it distributes a broadcast signal is a ‘user’ making a ‘communication to the public’ of a phonogram which may be played in a broadcast for the purposes of Article 8(2) of Directive 2006/11... [Read All]
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