IPilogue

OCTOBER 26, 2022

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 ).

Social Media 120

Social Media Cease and Desist Public Domain Artwork 120

The IPKat

JANUARY 31, 2022

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. In other words, must a court, prior to ordering a party to disclose information on an alleged infringement, confirm the existence of said IP right?

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97

Kluwer Copyright Blog

JANUARY 31, 2023

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. As far as domain providers are concerned, however, corresponding duties of care need to be developed, especially at an EU law level.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

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.

Contracts 98

Contracts Copyright Law Cease and Desist 98