While Article 14 of IPRED refers to ‘legal costs and other expenses incurred by the successful party’, the Directive does not define what these concepts entail precisely. The CJEU has held that the concept of ‘legal costs’ includes, amongst others, lawyer’s fees. It also held that the concept of ‘other expenses’ includes, in principle, costs incurred for the services of a technical adviser.
Comments closedCategory: Law
When the U.S. Copyright Office determines that the material deposited constitutes copyrightable subject matter and that the other legal and formal requirements of U.S. copyright law have been met, it will register the claim and send the applicant a certificate of registration under the seal of the U.S. Copyright Office.
Comments closedUnder the current Russian law the access to the web-site can be restricted without court order if the Attorney General or his deputy believes that such web-site disseminates information or content calling to mass disorder, extremist activities, participation in public events, organised in violation of Russian law and if such web-sites is operated by non-governmental organisation, recognised non-grata in Russia.
Comments closedThe IPRED evaluation (de) indicated that rules on reimbursing legal costs differ across the EU and are in some situations insufficient to cover the full costs incurred by the successful party. According to Article 14 of the Directive, the reasonable and proportionate legal costs and other expenses incurred by the successful party are to be borne by the unsuccessful party, unless equity does not allow it. The principle on reimbursing legal costs expressed in Article 14 applies to all types of legal proceedings covered by the Directive, i.e. proceedings on infringement of IPR.
Comments closedThe core difference between Options 2 and 3 is that Option 3 also covers online linear TV and radio-like transmissions (webcasting services) and online services ancillary to webcasting. One general challenge in assessing impacts of this option is the fact that webcasting market (in the sense of online-only, linear TV or radio-like services) is at a development stage and not yet fully formed.
Comments closedA collective work is a type of compilation. The Copyright Act defines a collective work as “a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.”
Comments closedRussian Association of Internet Trade (AKIT) and “Public customer initiative” (OPI) have made research on internet trade. According to this research more than 25% of popular internet stores don’t comply with current Russian law. Approximately 1000 online store have been analyzed during the research.
Comments closedTaking into consideration the rights of blind, visually impaired or otherwise print-disabled persons as recognised in the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (the ʻUNCRPDʼ), measures should be taken to increase the availability of books and other printed material in accessible formats, and to improve their circulation in the internal market.
Comments closedOne of the Moscow prosecutor offices has officially mentioned violation of law committed by Russian cartoon studio Souzmultfilm. Studio has concluded two deals with Danone totally on half billion Russian Roubles without prior approval of government.
Comments closedA difficulty in calculating damages has been reported when there is the possibility to obtain compensation for the moral prejudice suffered. In this regard Article 13(1)(a) of IPRED is clear, as it expressly mentions that other elements than economic factors, such as the moral prejudice caused to the rightholder by the infringement, can be one of the ‘appropriate aspects’ to be taken into account when setting the damages in accordance with the method provided for in this provision.
Comments closed