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Sweden: J.L. v. M.A., Supreme Court of Sweden, T 1963-15, 21 February 2017
Johan NorderydA full summary of this case has been published on Kluwer IP Law The Supreme Court provided guidance on how to assess whether a work should be considered to be an adaptation, within the...
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Spanish Supreme Court Rules on Originality for Architectural Works
Patricia MariscalThe Spanish Supreme Court has recently ruled on the concept of originality in respect of architectural works, and for the first time has established clear and specific guidelines for...
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Spain: Architectural project, Supreme Court of Spain, First Civil Law...
Patricia MariscalA full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here. In this judgment, the Spanish Supreme Court ruled on...
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France: Mankowitz’s photo of Jimi Hendrix is finally protected by copyright...
Brad Spitz On 21 May 2015, the IP specialist chamber of the High Court of First Instance of Paris handed down one of its worst rulings in copyright law: in breach of the most basic EU and French...
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France: La Provence, Court of Cassation of France, First Civil Law Chamber,...
Brad SpitzA full summary of this case has been published on Kluwer IP Law The Supreme Court held that even in cases where many photographs are involved, the courts must carry out a separate examination...
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UK: Neptune failed to ‘Shaker’ down DeVOL in its unsuccessful infringement claim
Jeremy Blum and Sarah BlairIn a recent UK judgment, Neptune (Europe) Limited v deVOL Kitchens Limited, Neptune was unsuccessful in its claim against a fellow kitchen designer, DeVOL. DeVOL’s ‘Shaker’...
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Poland: Copyright protection of an idea, Supreme Court of Poland, II CSK...
Marcin BalickiA full summary of this case has been published on Kluwer IP Law The Polish Supreme Court held that the creative (original) nature of a work protected by copyright may manifest itself in...
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Estonia: AlterMedia, Supreme Court of Estonia, 2-16-1988, 11 October 2017
Elise VasamaeA full summary of this case has been published on Kluwer IP Law In this case the Supreme Court of Estonia analyses the legal issues involved in providing internet marketing services via...
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Should taste be subject to copyright protection? Heksenkaas will tell us.
Eugénie CocheWhether taste constitutes protectable subject-matter under EU copyright law is one of the questions which the CJEU will have to answer in the near future. Indeed, the Dutch Court of...
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Monkey business finally settled: the ‘monkey selfie’ disputes
Paulina Julia PerkalThe legal battle over who has the copyright claim to the pictures taken by a monkey has finally come to an end. The monkey self-portrait (“selfie”) dispute is a series of much...
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HEKS’NKAAS at the CJEU: the end of a cheese-war or the beginning of a new...
Eugénie CocheOn 4 June 2018, one of the core concepts of copyright – the copyright work – was disputed at the Court of Justice of the European Union (CJEU). The “cheese battle”, which started in 2015...
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Kiko raises an eyebrow to Wycon’s makeover
Erica VaccarelloThis post was first published on the Kluwer Trademark Blog. Earlier this year, the Court of Appeal of Milan upheld a 2015 ruling by the Court of Milan which recognized copyright...
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‘Quel dommage, cher fromage’ or how the AG said “no” to copyright protection...
Eugénie Coche25 July 2018 marks a new episode in the Heks’nkaas saga. After tumultuous court proceedings at the national level and before the European Court of Justice, Advocate General M. Wathelet...
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Before the Singularity: Copyright and the Challenges of Artificial Intelligence
Dr. Begoña González Otero and Joao Pedro Quintais In May, the ECS held their annual summit in Brussels, under the title “EU copyright, quo vadis? From the EU copyright package to the challenges of...
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The Renckhoff judgment: The CJEU swivels the faces of the Copyright Rubik’s...
Tatiana SynodinouThe delimitation of the proper boundaries of lawful use of copyright-protected works on the Internet has always been puzzling for courts, which in some instances have creatively...
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A matter of perspective – AG Szpunar suggests Member States are ineligible...
Bernd Justin JütteThe relation between freedom of expression and copyright in the EU is one of imprecision and uncertainty. In Funke Medien (Case C-469/17) the German Federal Supreme Court (BGH) asks...
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Ex Machina, Ex Auctore? Machines that create and how EU copyright law views them
Ana RamalhoThe creation of works by artificial intelligence systems (AIS) challenges our perception of creativity and, with it, of eligibility for copyright protection. Examples abound. AIS can...
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‘Hommage au fromage’ or how the CJEU said farewell to Heks’nkaas by excluding...
Eugénie CocheOn 13 November 2018, the CJEU clarified the scope of EU copyright law by excluding works of taste from copyright protection. This marks the end of a three-year long dispute, which arose in...
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I know what I like and I know when I taste it. Cheese flavour cannot be...
Sara Parrello and Fabio AngeliniIn law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in...
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A radiant heart for Madrid
Patricia MariscalThe Madrid Court of Appeal dismissed an appeal filed by the owners of a figurative mark whose central element is a radiant heart, drawn using thick black lines and coloured in red,...
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