Two Acts of 2007 and 2014 to fight against counterfeiting have modified the French Intellectual Property Code, in order to enable improved compensation for the rightholders as well as better protection of intellectual property rights.
In French intellectual property infringement cases, damages were traditionally supposed to cover the prejudice suffered, no more, no less. Punitive damages were not theoretically possible. However, Acts No. 2007-1544 of 29 October 2007 and No. 2014-315 of 11 March 2014 to strengthen the fight against counterfeiting have modified many aspects of the French Intellectual Property (‘IPC’) with regard to damages and remedies.
Calculation of the damages
“The underlying key question – can technology solve this problem and, if so, should technology be allowed to determine law? – remains unanswered.”
As part of the conference, on the morning of Thursday, 3 July a panel entitled Filtering away Infringement: Copyright, Injunctions and the Role of ISPs was held. The panel was set up as a mini mock trial of a topic that has been especially controversial in the area of online copyright infringement in recent years, particularly in Europe: that of injunctive orders imposed on internet intermediaries for the [...]
Speech Neelie Kroes, vice-president of the European Commission, delivered at the opening of Information Influx, the 25th anniversary conference of the Institute for Information Law (IViR) on 2-4 July 2014 in Amsterdam.
“Happy birthday to you all at the Institute for Information Law. I would sing you “Happy Birthday”. But technically I think the song is still under copyright — I don’t want to have to pay the royalty.
Today the debate about information, innovation, and intellectual property can be complex, personal, and [...]
“A clear intention to solve some of the most disturbing problems in Spanish IP.”
On February 14th, the Spanish Government approved a bill to amend the law of intellectual property (TRLPI). The bill is currently in its parliamentary proceedings. It is a “patchwork” reform bill dealing with very different topics, some more necessary than others, and including some unexpected –last minute- additions and a curiosity.
Implementing two directives
Education and research activities
The Google tax
Collective management organizations
Distribution of competences
Liability for copyright infringement
Progress of the proceedings
“The Court added a cherry on top of the transparency cake.”
It is no secret that secrecy in the TTIP negotiations has been bothering several sectors of civil society (apologies, but the links to back this up were too many to insert here). Just last week, the Court of Justice has issued a decision in Case C-350/12 that sheds further light into this matter.
The case concerns a dispute over access to a document – the opinion of the Council’s Legal Service covering certain aspects of the opening of negotiations on an international agreement to make available to the United States some financial data. One of the elements of this document is an analysis of the legal basis and the respect [...]
The KluwerCopyrightBlog is part of Kluwer’s IP Law portfolio. Whereas the blog serves as a platform where scholars and practioners can share their informed opinions on specific aspects of IP law and jurisprudence, the related Kluwer Copyright Cases Database aims to accumulate important (new and older) case law in the field of copyright in one database.
To satisfy the increasing curiosity about what is happening in the copyright courts of other EU member states, we regularly publish short overviews of cases that were recently added to the database.
The selection of this month includes recently submitted cases from the UK, France, Italy, Portugal, Hungary, Malta and Finland:
“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.”
On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement disputes. Although the decision is not completely surprising (see, in this regard, this ruling of the Distric Court of Rome, 11 July 2011), it sets the standard for copyright holders on how to draft a take-down notice to be notified to a ISP.
The action has been brought by Delta TV, an Italian company which produces and d [...]
We have closed our second blog poll and we have counted the votes. First of all, it is heartwarming to see that more readers are concerned about the position of orphans than about private copying: whereas our first blog poll about the orphan works directive attracted a few thousand voters, this second poll closed with a result of just a few hundred votes.
A fairly reasonable amount. Questions in online polls are often short and snappy, and we realize that our 8 questions about Ms Francoise Castex’s motion, Antonió Vitorino’s report and the implications of the Padawan decision were perhaps less easy to digest.
Summarized in short: According to the European Parliament, private c [...]
In its judgment of 10 April 2014 in Case C-435/12 ACI Adam BV and Others the Court of Justice of the European Union (CJEU) ruled that the private copying limitation, when interpreted in light of the three-step test, only allows Member States to exempt reproductions made for private use from lawful sources from authorization. The Court essentially followed the Opinion of AG Villalón (see here).
Formats, especially television formats, have proven their commercial value, but the question whether copyright protection also applies to these products of the mind, which they undoubtedly are, cannot be answered easily and there are valid arguments for and against (copyright) protection.
Pursuant to the European Court of Justice’s definition of a copyright protected ‘work’, formats can theoretically be protected by copyright. The creators have to prove that they made free and creative choices during the process of creation by selecting, combining, a [...]