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Category: Law

Draft evaluation and review of the IPR enforcement directive – Making IP enforcement fit for the digital age

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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Amendments to coherent EU policy for cultural and creative industries – creator’s rights and interests

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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Max Andersson’s proposed amendments to proposed directive to implement Marrakesh Treaty throughout EU

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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Draft evaluation and review of the IPR enforcement directive – Strengthening fairness and balance in the IPR civil enforcement framework

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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New draft law provides regulation for messengers like Viber or WhatsApp in Russia

This draft law proposes amendments to the law on information, its protection and informational technologies. The draft provides two definitions. One definition is given for info-communicative services and the other is given to info-communicative services for exchange of instant messages.

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Russian business outlined all its complaints in one “book”

In Russia it was established institute of ombudsman presenting and protecting interests of Russian business. For certain industry of business there is special representative of ombudsman, who summarizes all complaints stated by business and puts them on paper. Each year ombudsman makes report to Russian president and proposes the ways to resolve problems outlined in book of complaints.

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Russian e-commerce strategy does not provide blocking of online–stores

Developers of Russian e-commerce strategy 2017-2018 decided to make it more democratic and drafted it softly in relation to regulation of distance trade. “The main purpose of strategy is stimulation of trade, but not its restriction”, – explained person knowing the real reasons of new changes in draft document.

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Draft evaluation and review of the IPR enforcement directive – quo vadis?

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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Australian copyright law review – alternative to fair use exception, specific exceptions and orphan works

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.

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