Remove 2004 Remove Cease and Desist Remove Copyright Law Remove Designs
article thumbnail

Jean Paul Gaultier, Birth Your Own Venus

IPilogue

The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ).

article thumbnail

No IP, no right to information? CJEU to clarify scope of article 8 Enforcement Directive

The IPKat

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. TB did not counter this argument and failed to submit any evidence to demonstrate the existence of the claimed copyrights. One image is depicted below.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

The resulting conclusion in the BGH case law (e.g., Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. This is not an indirect liability concept. Importantly, no claims for damages were possible. This question has not yet been answered by the CJEU.

article thumbnail

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.