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Category: Law review

Restricting the monopoly of IP rights as antitrust measure in Russia

Published 4th June 2018

Russian Federal Antitrust Services (FAS) develops fifth packet of amendments to Russian law on protection of competition. The reason of proposed amendments, according to FAS, is inability to apply current law standards to digital markets. The updated regulation should also cover internet and digital platforms or companies. This so called “fifth packet” includes amendments to Russian IP law.

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New research on legal aspects of exception for text and data mining in DSM directive – IP paradox

Published 18th April 2018

The concept of exceptions and imitations to copyright serve a critical role in the so-called intellectual property – and copyright – paradox. The paradox of intellectual property lies in a “system that promotes, or at least, aspires to promote knowledge by restricting it”.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: the notion of harm

Published 28th February 2018

The current legal framework is silent on what constitutes ‘harm’. It merely refers to ‘harm’ as a valuable criterion in the calculation of the fair compensation (Recital 35 of Directive 2001/29/EC). The Court of Justice of the European Union, however, affirmed that the fair compensation must necessarily be calculated on the basis of the criterion of the ‘harm’ caused to authors of protected works by the introduction of the private copying exception. The Court did not clarify, however, what exactly should be understood under the notion of ‘harm’.

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UK IPO seeks evidence for consultation on implementation of the EU Trade Mark Directive

Published 23rd February 2018

The UK Intellectual Property Office (IPO) is responsible for the trade mark system in the UK. This includes examination of trade mark applications and the registration of trade marks for those applications which comply with the requirements of the Trade Marks Act 1994 (“TMA”) and the Trade Mark Rules 2008 (the “Rules”).

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Review of Copyright Online Infringement Amendment

Published 22nd February 2018

The Department of Communications and the Arts in Australia is seeking views from stakeholders on the questions put forward in published paper. The Department welcomes single, consolidated submissions from organisations or parties, capturing all views on the Copyright Amendment (Online Infringement) Act 2015 (Online Infringement Amendment).

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SWD IA on EU copyright modernisation –options for problem with availability of EU AV on VOD

Published 21st February 2018

Baseline

No policy intervention. This option would rely on the natural evolution (естественной эволюции) of the VoD market. As VoD will become an increasingly important way to access AV works in the coming years, it is likely to gain in financial attractiveness for rightholders.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: specificities with regard to the reprography exception

Published 15th February 2018

The private copying exception and the reprography exception follow different approaches. Whereas the scope of the private copying exception is limited to reproductions that serve a specific purpose (“for private use”), the reprography exception covers reproductions on a specific medium (paper), using a specific method (“any kind of photographic technique”). Literally taken, reproductions on paper for private use are covered by both exceptions. The Directive does not regulate the relationship between the two exceptions.

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Third edition of USA copyright office compendium – compilations and collective works

Published 12th February 2018

Compilations

The Copyright Act defines a “compilation” as “a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.”

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Reasons for Vitorino’s recommendations on private copying and reprography levies: establishment of the level of tariffs

Published 8th February 2018

It can take several years to decide whether a given category of devices should be subject to a levy, and if so, what its level should be. Furthermore, the payment may reach rightholders only a long time after a given product is put on the market and the ‘harm’ has occurred.

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