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The First Case of the Beijing Internet Court

On October 30th, 2018, the recent Beijing Internet Court heard its first case on copyright ownership and infringement, “Tik Tok Video” vs. “HuoPai Video”.

The case was filed on September 11th, 2018 by ByteDance, the parent company of Tik Tok, who initiated the lawsuit against the video platform HuoPai by Baidu Technologies. ByteDance contends that after a short video was shared on its “Tik Tok Video” platform, Baidu Technologies uploaded without permission and offered downloads of the video on its “HuoPai Video” platform. Tik Tok sought an injunction and damages of one million Yuan, plus an additional cost of fifty-thousand Yuan against Baidu. Read more

Russia: A New Future For Fashion?

As of June 26th 2019, the Russian Federation will begin to enforce a newly-adopted bill expanding its legal protections to industrial designs under the “amendments to Part IV of the Civil Code”, most notably for the fashion industry.

In an effort to emulate the European Union’s robust protections for fashion designers and brands, Russia has made strides to open its market and secure its own group of designers to build up a presence in the global fashion industry. Recently with Russia’s ratification of the Geneva Act of the Hague Agreement, applicants have the option to seek design protection through the Hague System for the International Registration of Industrial Designs, instead of the traditional Russian national system of industrial design registration.

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“Copyright is for losers”…but it could be useful

Banksy went to Court and partially won.

 “Copyright is for losers” once wrote the secretive street artist ironically, however, a few weeks ago Pest Control (the company responsible for managing Banksy’s artworks) sued an Italian company for trademark infringement.

The Italian company 24 Ore Cultura organized an exhibition – The Art of Banksy. A visual protest – for Milan’s Mudec Museum, without having obtained any authorization from the artist, as disclaimed on the website.

The event opened in November 2018 and runs until April 2019.

The exhibition features 70 authentic Banksy prints and paintings, and its gift shop was selling a large variety of merchandise promoting Banksy imagery, including notebooks, postcards, bookmarks and diaries signed with the artist’s work.

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Droit de Suite – The Buyer Pays the Bill

Christie’s wins battle for a new interpretation of the “Droit de Suite” regulation in France.

A recent decision of the French Supreme Court[1] is going to overturn the law in France that requires the Artist’s Resale Right (Droit de Suite) being paid by vendors.

The resale right forms an integral part of copyright and is an essential prerogative for authors.

It is an unassignable and inalienable right, enjoyed by the author of an original artistic work, or their heirs, to an economic interest in successive sales of the work concerned.

The resale right is intended to ensure that the artist receives part of the resale value of a work of art. Read more

CNIL Sanctions Google 50 Million Euros for Non-Compliance to the GDPR

On May 25th, 2018 the General Data Protection Regulation (GDPR) entered into force. From that date forth, companies were required to comply with the text in order to best protect citizens’ personal data within the European Union.

In France, it is the French Data Protection Authority (CNIL) which monitors the compliance of companies with the Regulation and imposes appropriate sanctions. In fact, some major Web players have already been sanctioned by the Commission for the processing of individuals’ personal data.

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Blockchain Evidence Technology Recognised, is the Blockchain Court Far Away?

In the discussion on blockchain technology, you may have heard of blockchain evidence technology. What is blockchain evidence technology? Well, it is a kind of electronic evidence, which contains the three characteristics, the same as normal evidence: legality, relevance and objectivity, as well as the third-party notarization, decentralised structure, timestamp record, low cost, high credibility and other advantages. Every time of access, change, etc. will have a record, so each action is very well documented. Read more

China to Establish the Second and Third Internet Court

The Internet has become the second space in human life, changing people’s production and lifestyle, refreshing the concept of law, judicial practice and public demand for court services. The characteristics of virtuality, cross-regionality, and decentralization of the Internet have created enormous challenges to the existing legal theory and judicial system. Parties who are used to the traditional judicial rules and litigation methods are facing high cost and long process for distant disputes, which is not efficient at all, thus an online solution channel is in high need. These facts have made the Central Committee in China decide to set up more Internet court.

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A new possibility to block online file sharing platforms?

European Court of Justice (ECJ) rules that The Pirate Bay infringes copyrights

With its decision on June, 14th the ECJ might have paved the road for proceeding against online sharing platforms. Up to now taking legal action in order to restrict the offer of copyright-protected works was rather complicated and did not guarantee sustainable success. The reason for that is, amongst others, that the files on these sites aren’t placed online by the platform’s operators but by the users. So the rightholders had to take action against the sharing platform’s complicated infrastructures as well as each user separately. However, the ECJ decided recently, that the operators of such a platform play an essential role in making the works available and therefore may constitute an infringement of copyright. Read more

Don’t wait anymore and file your designs!

Although Spinners are a great success in schoolyards all around the world, their creator, Catherine Hettinger, a 62-year old American citizen, does not benefit from this creation.

While Catherine Hettinger created the play item in the 1990s, she only filed a patent in 1997 in Los Angeles, thereby gaining rights on her creation. In 2005, these rights had to be renewed, but as the creator could not pay for the renewal, she lost any entitlements on them.

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Now you can watch Netflix everywhere in the EU!

EU Parliament makes sure that you can watch your favourite shows during your holidays 

The access to subscribed online paid services such as Netflix, Sky, Amazon Prime or Spotify abroad has been mostly restricted so far. But this is going to change in a few months, since the EU Parliament has now approved a new regulation that enables EU citizens who are subscribed to an online paid service in their home country to use the same service with the same content in any other EU country. Read more