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. …
Tag: Copyright
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 …
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 …
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 …
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 …
“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 …
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 …
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 …
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. …