Intellectual Property Law
Joined April 2015
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Pleased my new and ‘contrarian’ article on hosting provider responsibility for copyright infringement is now published by @JIPITEC jipitec.eu/online-first-arti…
AG Opinion in C-401/19 sees #Article17 compatible with freedom of expression and implementation must contain (technical) safeguards for the same. What could possibly go wrong? 😵💫👇Full text now available tinyurl.com/h58vuwyp
Dr. Bianca Hanuz retweeted
Judgment in Case T‑488/20 Guerlain v EUIPO - The three-dimensional mark in the shape of a Guerlain lipstick may be registered.
Dr. Bianca Hanuz retweeted
HERE WE GO: CJEU has just ruled that a user-uploaded content platform does not communicate to the public unless it contributes, beyond merely making that platform available, to giving access to such
content to the public in breach of copyright
Dr. Bianca Hanuz retweeted
The Government has launched a call for views on the repeal of Section 52 of the Copyright, Designs and Patents Act in 2016.
We are looking for your views to find out if this regulation has achieved its objectives. Have your say 👉 ow.ly/kGjc50FfI44
Great initiative by the EUIPO to make available out-of-commerce copyright works and help right holders identify them. Lets see how it will work out.
Out-of-commerce works are still protected by copyright but are no longer or have never been commercially available.
The EUIPO new Out-of-Commerce Works Portal makes these works available to the general public and helps rights holders to identify them: ow.ly/Qk1k50F4ipo
Dr. Bianca Hanuz retweeted
CV-Online Latvia is out; @maciejszpunar followed 101 % by the court as CJEU redefines the infringement test for sui generis database right by requiring "risk that that investment may not be redeemed" curia.europa.eu/juris/docume…
Dr. Bianca Hanuz retweeted
Super excited for this. Congrats to everyone who worked on it.
🚨 JUST RELEASED: A new @CenDemTech Research study finds that state-of-the-art #machinelearning techniques for analyzing user-generated content have *key limitations* that create human rights risks when used to evaluate people's multimedia content:
cdt.org/do-you-see-what-i-se…
Dr. Bianca Hanuz retweeted
Today the 🇩🇪@Bundestag adopted the law implementing the new #copyright directive into German law. The German implementation of #Article17 will not avoid #uploadfilters but it sets a new standard for protecting users' rights. Read our first analysis here: communia-association.org/202…
The report proposes to formalise the ‘trusted flagger’ in copyright enforcement: infringing streams to be ‘disabled immediately and no later than thirty minutes following a notification by rights holders or a certified “trusted flagger”.’
Tackling online piracy of live sporting events
MEPs want illegal streaming of live sporting events to be blocked in real time and organisers’ rights to be strengthened. 🤳⚽️
Read the press release⤵️ europarl.europa.eu/news/en/p…
@djambazki @EP_Legal
Dr. Bianca Hanuz retweeted
EU General Court says that ‘heartfulness’ for meditation cannot be registered as an EU trade mark ift.tt/3tahCe6
Nail biting 😬
BREAKING - We have a date! The CJEU ruling in YouTube, C-682/18 and C-683/18 *should* be issued on 22 June (AG Opinion: ipkitten.blogspot.com/2020/0…)
New on the block: The EUIPO has integrated blockchain technology with its TMView and DesignView services. It will also launch a 'a decentralised, blockchain authentication platform that can help solve the global phenomenon of fakes' #Blockchain
The IP Register in Blockchain is the first ever European blockchain ⛓️ platform to better serve intellectual property offices and users.
It will allow the delivery of trade mark and design data in real time and in a fast, secure and reliable way: ow.ly/APsy50EyNPH
Dr. Bianca Hanuz retweeted
Market Court [FI]: Reproducing a photo from an Instagram Stories post in a web article of a "tabloid" newspaper was (c) infringement and resulted in 5000 EUR compensation; this was not reporting of current events and the citation exception did not apply: finlex.fi/fi/oikeus/mao/2021…
Dr. Bianca Hanuz retweeted
So the expected EC Article 17 Guidelines were not released today ... A date has not been set yet, but the publication should (could) be sometime "in the coming weeks"
📣 In @EPCulture today MEP @fxbellamy calls for a rapid & faithful transposition of #article17 #copyright Directive in the 🇪🇺 Member States 👏 @ThierryBreton: "you can count on me to preserve the balance found by the colegislators", EC guidelines expected "in the coming weeks" 🗓️
Dr. Bianca Hanuz retweeted
Who’s the woman behind Wi-Fi🌐?
In the 40s, Hollywood actress Hedy Lamarr invented frequency-hopping signal technology – back then intended to direct torpedoes to their targets
This technology paved the way for wireless communication that we use today: Wi-Fi, GPS and Bluetooth
Very handy (updated) guide on linking and the right of communication to the public 👇
Linking after VG Bild-Kunst: when is it an act of communication to the public?
As part of my IP Study Materials, here's a new table that I have created detailing the treatment of linking under EU copyright law following this new, seminal CJEU decision ipkitten.blogspot.com/2021/0…
The CJEU in C-392/19 VG Bild v Kunst requires rights holders or licensees to introduce effective TPMs against undesirable acts of framing. Conversely, framing that circumvents effective TPMs amounts to communication to the public-art 3(1)InfoSoc. tinyurl.com/nd9rra4r
Dr. Bianca Hanuz retweeted
For the first time, the High Court of England and Wales has issued website blocking orders aimed at cyberlocker and streamripping sites/app and also opined that the CJEU won't follow the AG Opinion when it decides YouTube/Cyando ipkitten.blogspot.com/2021/0…