“What has not been clarified though is the aspect of unfair competition.” On 21st of October 2014 the Court of Justice of the European Union delivered its order in a preliminary ruling procedure (C-348/13), which was referred to the CJEU by the German Federal Court of Justice (BGH) in May 2013.  As yet, only the…

The second season of the popular Slovak TV series “Dr. Ludsky” was enjoined from being distributed and communicated to the public after authors of the film treatment filed for a preliminary injunction. Dr. Ludsky is a “Dr. House-style” Slovak series that became quite popular in the last two years. The series as such is based…

Last week, the European Parliament approved the draft Directive on certain permitted uses of orphan works. The approval of the Council of Ministers is expected to occur shortly. This is big news indeed, for it’s the first draft directive in the area of copyright law to make it this far in more than 10 years….

Estonian Supreme Court, 7 February 2012, Case No3-2-1-155-11,  Herlitz PBS AG vs. Realister OÜ (plaintiff in the prededing proceeding). The Estonian Supreme Court found in its recent judgement in the Realister case that the presumption of authorship as laid down in the Sections 4(6) and 29(1) of the Estonian Copyright Act (hereinafter referred to as…

Summary & comment by Dr. Estelle Derclaye, Associate Professor and Reader in Intellectual Property law, University of Nottingham, School of Law. “The crux of the judgment comes at paragraph 42 when the court clearly states that skill and labour in the selection or arrangement of the data, even if significant, is not sufficient as such…

On 9 February 2012, the Court of Justice of the European Union issued its judgment in the case Martin Luksan v. Petrus van der Let (Case C-277/10) opposing a film director to a film producer on the exploitation rights of the film “Fotos von der Front”. The case was brought by the Wien Handelgericht (Commercial…

On the first week of January, media and blogs extensively reported about a Slovak ruling of the Regional Court in Bratislava, which denied copyright protection on newspaper articles. In fact, the court assessed only three articles submitted as evidence, and of course, did not deny copyright protection in general. On the other hand, it quite…

By Axel Arnbak, IViR. Last week, a Dutch district court ruled that two internet access providers, Ziggo & XS4ALL, have to block customers’ access to the IP-addresses and (sub)domains of The Pirate Bay. The providers will appeal the ruling of the District Court of The Hague. Amidst global PR-hurricanes on the legality of website blocking,…

Data creation, intellectual creation and creativity in the world of databases: The Advocate’s General Opinion in the Football Dataco Ltd v. Yahoo! Uk Limited Case and its potential impact in database copyright. What is a database? Are database copyright protection and database sui generis protection completely independent?  What is the creativity level for asserting that…

UK: High Court Chancery Division, 09-11-2011: Forensic Telecommunications Services Ltd v. Chief Constable of West Copyright does not subsist in a list of permanent memory absolute (“PM Abs”) addresses of mobile phones that are used to extract data from mobile phones in forensic investigations. There may have been an expenditure of skill, labour and judgement…