Due to the lack of a European right (except for trademarks and designs), obtaining interlocutory or permanent injunctions for the same infringement against infringers or intermediaries from several jurisdictions in the EU is often cumbersome for certain IPR, in particular copyright.
Different stakeholders ask for a clarification of the scope of provisional and permanent injunctions, in particular with regard to intermediaries. A broad call is also made to generally strengthen the involvement of intermediaries in IPR enforcement.
Many stakeholders ask for more legal clarity on the calculation of damages and their fairer allocation arguing that the amount of damages ordered by the courts often does not cover the harm suffered by the right holder, does not sufficiently deter the infringer from carrying out the infringement and thus provides no incentive to seek…
In the Digital Single Market and the Single Market Strategies the Commission announced that it will review the EU intellectual property enforcement framework. In response to this announcement DG GROW evaluated the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights and prepared a review of the Directive. Recent discussions between the relevant…
An alternative exception, should fair use not be enacted, is also recommended: a ‘new fair dealing’ exception that consolidates the existing fair dealing exceptions and provides that fair dealings for certain new purposes do not infringe copyright.
Relevant committee of Russian state duma made legal analysis of draft law providing regulation for OTT services in Russia. This analysis explains why and how the draft must be improved. For example, the draft law prescribes to introduce a registry of audio-visual services in Russia, but it does not define its legal status and purposes.
An Australian copyright law review committee recommended the introduction of fair use in 1998. Almost 30 existing exceptions could be repealed, if fair use were enacted. In time, others might also be repealed. Replacing so many exceptions with a single fairness exception will make the Copyright Act considerably more clear, coherent and principled.