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  • Article

    Evolving Case Law On Online Copyright Infringement

    The Antwerp Court of Appeal has recently ruled on a series of cases (December 2023 – October 2024) concerning online copyright infringements. These cases often originated from an intermediary internet...
    BelgiumIntellectual Property
    Liedekerke
    Liedekerke
  • Article

    WCT And WPPT Treaties Come Into Force

    On 30 August, the 1996 WIPO Copyright Treaty (WCT) and the 1996 WIPO Performances and Phonograms Treaty (WPPT) came into force in Belgium.
    BelgiumIntellectual Property
    Linklaters
    Linklaters
  • Article

    Europe - Court Of Human Rights Balances Copyright Enforcement With Freedom Of Expression

    On 10 January 2013, the European Court of Human Rights held that convictions based on copyright infringement could be in breach with the right of freedom of expression and information under Article 10 of the European Convention on Human Rights.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Confirms Extensive Protection Of Database Right Holder

    On 18 October 2012, the Court of Justice of the EU issued a preliminary ruling applying Directive 96/9/EC.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Confirms That IP Addresses Are Personal Data

    On 24 November 2011, the Court of Justice of the EU (the "ECJ") handed down its judgment in case 70/10 Scarlet v. SABAM.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ On Payment Of Resale Right

    On 26 February 2015, the Court of Justice of the European Union ("ECJ") answered a preliminary question from the French Supreme Court in Christie's France SNC ("Christie's") v Syndicat national des antiquaires ("SNA").
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Launches Consultation On Modernisation Of EU Copyright Rules

    On 5 December 2013, the European Commission launched a public consultation inviting stakeholders to share their views on the possible reform of EU copyright (the "Consultation").
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Reformed Copyright Regime Does Not Violate Principle Of Equality

    On 16 May 2024, the Belgian Constitutional Court addressed the question whether the (amended) favorable copyright regime violates the principle of equality...
    BelgiumIntellectual Property
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Cross-Border Injunctions Tested In Apple V. Samsung Saga

    Two preliminary procedures pitting Apple Inc. ("Apple") against Samsung Electronics Co. Ltd ("Samsung Korea") and its affiliates illustrate interesting aspects of cross-border injunctions in the EU. Both procedures, one before the district court of Düsseldorf (Landesgericht Düsseldorf -the "German Court") and the other before the court of the Hague (Rechtbank ‘s Gravenhage – the "Dutch Court"), resulted in sharply contrasting decisions.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Attempts (But Largely Fails) To Clarify Scope Of Protection For Technical Protection Measures For Gaming Consoles

    The Court of Justice of the European Union ruled that a manufacturer of game consoles is protected against the circumvention of its technical protection measures only if such measures seek to prevent the use of illegal videogames.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Attempts But Largely Fails To Clarify The Scope Of Protection For Technical Protection Measures For Gaming Consoles

    On 23 January 2014, the Court of Justice of the European Union (ECJ) handed down its judgment on a preliminary reference from an Italian court (Tribunale di Milano), ruling that a manufacturer of game consoles is protected against the circumvention of its technical protection measures only if such measures seek to prevent the use of illegal videogames.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Gives Judgment Regarding Contractual Database Protection For Airline Website Datasets

    PR Aviation had cited Article 15 of Directive 96/9/EC, which affirms the mandatory nature of certain provisions by declaring null and void any contractual provision to the contrary.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    General Court Rules That Territorial Exclusivity Clauses In Copyright Licensing Agreements Raise Competition Concerns

    On 12 December 2018, the EU General Court dismissed the application for annulment which Canal + SA had brought against a European Commission decision that had made commitments offered by Paramount Pictures Ltd ...
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Presumption Of Liability For Owners Of Internet Connections Used To Infringe Copyright

    Hence, the ECJ found that the German law infringed both the InfoSoc Directive and the Enforcement Directive.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Commission Conditionally Approves Online Rights Licensing And Administration Joint Venture Between Collective Management Organisations

    Collective management organisations ("CMOs") represent the combined copyrights of their members, with one society typically managing a given right or set of rights for all artists in a given country...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Copyright Trumps Freedom Of Expression On Internet Says Court Of Human Rights

    In its judgment of 13 March 2013, the European Court of Human Rights (the "ECtHR") declared that exchange of information on the Internet is covered by a person’s right of freedom of expression, contained in Article 10 (1) of the European Convention on Human Rights (the "ECHR").
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ: EU Data Protection Rules Do Not Preclude Obtaining IP Addresses Of Copyright Infringers

    On 19 April 2012, the Court of Justice of the European Union ("ECJ") held that EU data protection rules do not preclude national legislation from providing that national courts can order IP address information to be provided to copyright owners whose rights have been infringed.
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Who Communicates Copyrighted Work: Broadcaster Or Distributor?

    SABAM considered that SBS makes an act of communication to the public and, as such, is responsible to secure a licence from (and pay the relevant licence fee to) right holders.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Of European Union Holds That Unauthorised Re-Posting Of Protected Content Constitutes Copyright Infringement

    On 7 August 2018, the Court of Justice of the European Union delivered its first copyright judgment of 2018. The ECJ held in case C-161/17, Renckhoff, that the unauthorised re-posting of a copyrighted work is ...
    European UnionIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    New Directive On Copyright In Radio And Television Programmes

    On 15 April 2019, the Council of the European Union approved a Directive on the exercise of copyright and related rights applicable to certain online transmissions by broadcasting organisations and retransmissions of television ...
    European UnionMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis

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