Not only Russian copyright, broadcast and digital law
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.
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On 25 May 2016, the European Commission presented a proposal for a regulation on addressing unjustified geo-blocking. New analytical paper illustrates the prevalence of geo-blocking in e-commerce and summarizes available relevant evidence. It also discusses the economic impact of lifting geo-blocking restrictions in online goods and copyrighted digital content services.
Comments closedIn 2013, the European Union Intellectual Property Office commissioned the study, European Citizens and Intellectual Property: Perception, Awareness and Behaviour, to explore Europeans’ attitudes towards IP; the degree to which Europeans respect these rights, and the concept as a whole.
Comments closedCounterfeiting is a serious threat to public health and safety and the total value of counterfeit goods trafficking has increased significantly in recent years, exacerbating the devastating impact of counterfeiting on innovation, employment and the branding of European companies.
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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.
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The Commission is urged to establish legal provisions which create a fairer environment governing the transfer of rights and the contractual remuneration of authors and performers, to create a contract adjustment mechanism, which allows authors and performers to claim additional remuneration in case the revenues yielded out of the exploitation of the works are disproportionally high compared to the remuneration agreed in the initial contract.
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There has been published a very useful guide for consumers and for anyone who is curious about copyright. This guide explains different things, relating to IP rights, in simple way. The project has been commissioned by the European Union intellectual property office.
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Persons who are blind, visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights. Taking into consideration the social interests of granting such persons the right of access to information and the right to participate in cultural, economic and social life on an equal basis with others, measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market, within the conditions set forth in this Directive, in order to ensure access to knowledge and information.
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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 legal redress in the first place. In practice this can provide a competitive advantage to the infringer.
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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 Cabinets and services involved revealed a fundamental disagreement on the general orientation of the initiative.
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