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Month: March 2018

It is unacceptable to use foreign software if Russian analogue is available believes Russian prime-minister

The Russian government has taken a course towards to import substitution. It relates to different types of industry including software which is used in state authorities. Russian prime minister is persuaded it is unacceptable when the foreign software is exploited in state authorities when its Russian analogues are available and sometimes at lower costs.

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Amendments to regulation on geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment

In many cases, divergent legal environments, the legal uncertainty involved and the associated risks as regards the applicable consumer protection and environmental or labelling laws, taxation and fiscal issues, delivery costs or language requirements contribute to the traders’ unwillingness to engage in commercial relations with consumers from other Member States. In other cases some traders are fragmenting the market in order to increase consumer prices.

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Proposed amendments to directive on contracts for the sale of goods

Existing disparities in relation to contract law in different Member States may adversely affect businesses and consumers, in addition to other key regulatory and non-regulatory issues such as tax laws, delivery network issues, payment systems and language barriers. However, the main difficulties encountered by consumers and the main source of disputes with traders concern the non-conformity of goods with the contract. It is therefore necessary to improve consumer confidence in the internal market and to help to create a level-playing field for traders.

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Online news aggregation and neighbouring rights for news publishers – copyright economy

The civil law tradition seeks to obtain remuneration for all digital reproductions that are publicly available, subject to some exceptions that are justified by transaction costs. Lawyers and courts are struggling to bring these new technologies in line with that right or design extensions and modifications of copyright law to bring them into the fold of that remuneration right.

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Some points of EU recommendation on media pluralism and transparency of media ownership

The activities of intermediaries differ from those of traditional media outlets in respect of the provision of news. However, the wide scope of information they distribute, their wide audience reach and their potential for highly targeted advertising have contributed to a shift of advertising and marketing revenues towards the internet. These trends challenge the traditional media business models and contribute to an increase in media consolidation and convergence.

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Is the shape of a London taxi a valid registered trade mark?

The claimant and appellant The London Taxi Corporation Limited (“LTC”) contends that it can be. It further contends that the defendants and respondents Frazer-Nash Research Limited (“FNR”) and Ecotive Limited (“Ecotive”) threaten to infringe two of its registered trade marks (“the LTC marks”) which depict models of its taxis, by launching a new London taxi, the new Metrocab.

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Can an artwork, going to be a public domain, be registered as a trademark?

Oslo Municipality applied for trade mark protection for a number of artworks that will become freely available under the Norwegian Copyright Act. Oslo Municipality applied for trade mark protection with regard to several artworks of the oeuvre of Gustav Vigeland, one of the most eminent Norwegian sculptors. Following the refusal to register some trademarks the municipality has appealed.

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Opinion of advocate general on whether street musicians must pay VAT from donations made by passers-by

Mr. Tolsma (plaintiff) challenged a decision in which the Inspector of Turnover Taxes charged certain sums as turnover taxes on the Tolsma’s activity as the operator of a barrel organ. The plaintiff uses that instrument to play music on the public highway, on which occasions he solicits ‘remuneration’ from passers-by by rattling his collecting tin.

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How goes implementation of VPN law in Russia?

Not so long time ago it was adopted a new law on VPN services in Russia. This law obliges VPN services to restrict access to web-sites blocked in Russia. Otherwise the VPN services can be blocked itself in Russia. How this law is implemented in Russia? What has been changed more than three months after adoption of this law? Almost nothing. Roskomnadzor has another instrument to regulate the internet in Russia.

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SWD IA on EU copyright modernisation – Impacts of baseline on availability of EU AV on VOD

The limited availability of EU AV works on VoD platforms is expected to persist under the baseline option. The maturity of the VoD market in terms of revenues has not been reached yet. In the absence of any intervention at EU level, contractual blockages are likely to persist. In many cases, the licensing process for EU AV works would remain burdensome.

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