On 26 April 2022, the ECJ ruled in Case C-401/19 that the disputed Art. 17(4)(b) and Art. 17(4)(c) last sentence of Directive (EU) 2019/790. c, last sentence, of Directive (EU) 2019/790, which regulates the use of so-called upload filters and which Poland sought to have annulled, does not violate the right to freedom of expression …
Tag: intellectual property
World Intellectual Property Day: Can the playing of certain music be restricted?
On 26 April we celebrate the annual World Intellectual Property Day. The event was launched in 2000 by the World Intellectual Property Organization (WIPO) to “raise awareness of the impact of patents, copyrights, trademarks and designs on daily life” and to “celebrate the creativity and contribution of creators and innovators to the development of societies …
On International Sports Day – WIPO: Patented ski prostheses approved for Paralympians
The International Day of Sport for Development and Peace (IDSDP), celebrated annually on 6 April, is an opportunity to celebrate the positive role of sport and physical activity in communities and in the lives of people around the world. Sport in all its forms is highly valued at the professional level or in everyday life, …
Geo-blocking and copyright
The Anne Frank manuscripts case: Geo-blocking is a suitable means of safeguarding copyright The highly topical case in the Netherlands shows that copyright protection in the digital age still raises questions whose answers are not always clear. In the preliminary decision of the Amsterdam Law Bank of 01 February 2022 (Ref.: C/13/710961 /KG ZA 21-1010), …
The algorithm of creation, is artificial intelligence an artist per se?
How are the works “created” by artificial intelligence protected in the face of the new resolutions adopted by the European Parliament? From Deepmind, an English company owned by Google, which has created a program capable of composing music without assistance, to Dreamwriter, a Chinese algorithm that became a victim to plagiarism in 2019, the contribution …
Enforcement of Intellectual Property Rights in The Netherlands
With your company, you successfully and carefully create value with your intellectual property for years to come. The purpose of this article is to point out to you, as the owner of intellectual property rights (such as trademarks, copyrights, designs and patents) in the Netherlands, the possibilities of enforcing these rights and of combating infringement. …
Street Art: copyright law is on the street!
The development of street art in the last few decades has led to more elaborate forms of the early graffiti movement, including spray paintings, mosaics, and installations in public spaces by renowned artists like Banksy. From a legal perspective, this begs the question as to what rights do these works of art possess if they …
The “use” requirement in trademark revocation cases in China
The “use” requirement in trademark revocation cases in China based on non-use for three consecutive years A trademark right is an intellectual property right that increases its value through actual use and the commercial benefits derived therefrom, meaning that its actual use by the trademark holder occurs out of a commercial need which therefore enhances …
Copyright dispute on uploading screenshots in China
Copyright Dispute on whether an act of uploading Posters, Snapshots and Screenshots of films on an information-sharing platform for comments and exchange among Internet users constitutes fair use regulated in Article 22 of Copyright law. Douban is an information-sharing platform for Internet users to comment on and exchange about films and TV series. “On this …
Inspiration or plagiarism? A warning to artists and to art dealers
Walking in Milan during the Art Week you probably come up against the Venice gate’s bastions wholly wrapped up with hundreds of hessian fabrics. The mind will go to Christo who, since the later sixties, wrap up famous monuments around the world. However, the author of the packing, in this case, is Ibrahim Mahama, a …