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News and Analysis

  • Will 2012 see the copyright fightback?

    December 20, 2011

    Next year a range of cases and law changes will affect all copyright owners – from authors to musicians to film makers – but the dominant issue will be the increasingly global and bitter debate over who should be liable for clamping down on online infringement and how best to do it

  • Court delivers blow to football fixture protection

    December 15, 2011

    Databases such as football fixture lists cannot be protected under copyright law unless there is an element of creativity in the way they are represented, according to the Advocate General of the Court of Justice of the EU

  • Managing IP’s guide to the Dataco dispute

    December 12, 2011

    On Thursday, the Court of Justice’s legal adviser will issue his opinion in a dispute over the ownership of IP rights in football league fixture lists. Managing IP provides a preview

  • Reaction: What next for goods in transit?

    December 05, 2011

    INTA welcomed the guidance from the Court of Justice of the EU in last week's Nokia and Philips cases, but Customs agencies say it's business as usual. Now the focus will turn to legislative reform

  • EU court: All copyright works are created equal

    December 01, 2011

    Copyright protection for a portrait photograph is not inferior to that enjoyed by any other work, the Court of Justice of the EU said today in a judgment arising from photos of the Austrian hostage Natasha K

  • Analysis: Relief and concern for brand owners

    December 01, 2011

    First the good news: it will be easier for Customs to detain goods in transit following today’s Court of Justice ruling in the Nokia and Philips cases

  • Court gives wide scope to seize goods in transit

    December 01, 2011

    Ruling today in cases involving Nokia and Philips, the Court of Justice of the EU has clarified that Customs authorities can detain goods in transit, even where they are not explicitly offered for sale in the EU

  • Software protection not limited to code, says Advocate General

    November 29, 2011

    The functionalities of a computer program and its programming language cannot be protected by copyright, according to the Advocate General of the Court of Justice

  • Commission to kick-start talks on levies

    November 25, 2011

    The European Commission has given a former commissioner what it calls the “challenging task” of reviving moribund talks between copyright owners and technology manufacturers over copyright levies

  • What the Sabam decision means for rights owners

    November 24, 2011

    Today's decision by the Court of Justice will make it harder for rights owners to force ISPs to help them fight illegal downloading

  • Sabam loses ISP blocking case

    November 24, 2011

    Courts in EU member states cannot issue wide-ranging orders forcing ISPs to block users’ access to copyright-infringing material, Europe’s highest court ruled today

  • Swedish ISP suffers blow from CJEU

    November 17, 2011

    Sweden can require an ISP to reveal the name of a subscriber, despite having not implemented data retention law, the Advocate General of the Court of Justice of the EU said today

  • UK court seeks clarity over broadcasting rules

    November 16, 2011

    The High Court in London is to ask Europe’s top court to clarify whether live internet streaming of free-to-air channels is lawful

  • Collecting society seeks copyright levy from ISPs

    November 15, 2011

    ISPs in Belgium are resisting calls from the country’s collecting society Sabam to pay a levy to compensate rights owners for making copyright material available online

  • UK judge slams “incoherent” copyright law

    November 09, 2011

    A UK IP judge has described copyright law in the country as “past its sell-by date” and says that the sooner people face up to the fact the better

  • Dyson defeat disappoints design industry

    November 04, 2011

    A Court of Appeal ruling last week against Dyson was another missed opportunity for registered designs in Britain, say lawyers

  • Interview: Eleanor Sharpston on the point of the advocate general

    October 31, 2011

    In an exclusive interview with Emma Barraclough, Eleanor Sharpston explains the role of advocates general at the EU’s Court of Justice, the barriers to creating an IP tribunal and why she admires the ingenuity of parallel traders

  • Fire shuts WIPO for two days

    October 28, 2011

    WIPO’s offices in Geneva will reopen at 8.00 am on Monday morning after being closed for the past two days due to an electrical fire

  • Premier League ruling will apply to non-sports licences

    October 21, 2011

    Film, music and software companies may struggle to restrict their licences to national jurisdictions in the wake of the Premier League ruling by the Court of Justice last month

  • Analysis: landlords may not benefit from Premier League case

    October 04, 2011

    Publicans who raised a glass to celebrate today’s ruling from the Court of Justice on Premier League matches might find they choke on their drink by the time they reach paragraph 183

  • Premier League loses right to territorial licences

    October 04, 2011

    The Court of Justice of the EU has ruled that the Premier League cannot partition national markets for its football broadcasts, giving greater detail on copyright than the Advocate General

  • EU and others won’t sign ACTA tomorrow

    September 30, 2011

    Representatives from ACTA’s negotiating countries will gather for a signing ceremony in Japan tomorrow, though several will not be able to actually sign

  • Interview: Chris Johnstone of Music Choice

    September 29, 2011

    The original advocate of reforming collecting societies explains why the system is such a mess, but the European Commission can do little about it

  • WIPO General Assemblies at-a-glance

    September 28, 2011

    More than 1,000 IP officials are gathered in Geneva this week and next to debate, argue over and rubber stamp policy-making work being carried out by the World Intellectual Property Organization

  • Collecting societies make their case in Europe

    September 27, 2011

    Members of collecting societies across Europe are heading to Luxembourg this week to tell Europe’s General Court why they should not be forced to offer cross-border services for collecting and distributing royalties for music

  • Dutch cartoon case expands parody exception

    September 21, 2011

    Artists have been given greater scope to parody copyright works in the Netherlands after a court ruling last week

  • EU copyright cases dangerous for software industry

    September 15, 2011

    Two forthcoming Court of Justice judgments could remove protection for software by extending the exhaustion principle to services

  • A guide to copyright term extension

    September 13, 2011

    EU member states yesterday agreed to extend copyright term by 20 years for performers and record producers. Here is Managing IP’s guide to the changes

  • Performers win copyright extension battle

    September 12, 2011

    Musicians and record companies are celebrating today after EU member states voted to extend the length of time during which performers and producers can claim royalties

  • EU set for 70-year copyright term

    September 07, 2011

    The Copyright Term Extension Directive, which would extend protection for sound recordings to 70 years across the EU, could be passed by the European Council on Monday

  • Film ‘authors’ lose out on exploitation rights

    September 06, 2011

    European countries should be free to give the rights to a film’s reproduction and broadcasting to its producers rather than directors, according to the Advocate General of the Court of Justice of the EU

  • EU Customs seizures show need for new regulation

    July 14, 2011

    Figures released today show that twice as many seizures were made by EU Customs in 2010 compared to 2009, but the total volume of goods remained almost static

  • Interview: Robert van Peursem, judge, The Hague

    July 11, 2011

    In an exclusive interview, Robert van Peursem – senior judge in the IP department of The Hague District Court in the Netherlands – talks to James Nurton about judicial freedom, patent reform and cowboy courts

  • Poland pushes unitary patent

    July 11, 2011

    The Polish government says it “will aim to conclude work on the creation of a unitary patent system” during its EU presidency

  • ISP liability case on hold

    July 06, 2011

    A decision in a dispute between the film industry and the UK’s biggest internet service provider is on hold pending the Court of Justice of the EU’s judgment in L’Oréal v eBay

  • Commission plans online piracy meeting

    June 20, 2011

    The European Commission is to host a summit in September this year to try to hammer out an agreement on dealing with online piracy

  • Google fails to reassure content creators

    June 09, 2011

    Music, film and book companies often disagree about how to deal with copyright problems, but at the World Copyright Summit this week they were all able to agree on one thing: they don’t like Google

  • The cloud and copyright explained

    June 09, 2011

    Victoria Espinel said yesterday that the increased use of cloud computing could reduce piracy. But participants of the World Copyright Summit were more concerned about the licensing issues

  • Brand owners await detail on OHIM Observatory

    June 07, 2011

    More detail is needed on how the European Observatory on Counterfeiting and Piracy will function at OHIM. The benefits are minimal and the risks large, say brand owners

  • EU takes first step in regulating orphan works

    June 03, 2011

    A directive proposed by the European Commission is set to boost the creation of digital libraries by setting out how they can use orphan works

  • Commission’s 19 IP projects at a glance

    May 26, 2011

    The European Commission’s IPR strategy, announced this week, involves 19 initiatives covering patents, trade marks, anti-counterfeiting, copyright, Customs, the internet and related rights. Managing IP provides a summary of what’s planned and when

  • Commission unveils anti-counterfeiting strategy

    May 24, 2011

    The European Commission today set out a proposed regulation to strengthen the European Observatory on Counterfeiting and Piracy by granting various tasks to OHIM

  • Hargreaves Review: Proposals in detail

    May 19, 2011

    Professor Hargreaves makes several useful suggestions on reforming copyright law in his review, released today

  • Hargreaves Review: Is rights exchange realistic?

    May 19, 2011

    The review of UK IP laws by Professor Ian Hargreaves makes several useful recommendations on updating copyright rules, but its one big idea seems not to consider overlap with existing proposals

  • Advocate General clarifies EU design law

    May 14, 2011

    Rights over designs in Europe look likely to be clarified thanks to an opinion issued by Advocate General Mengozzi yesterday

  • Web filtering can infringe rights – Advocate General

    April 15, 2011

    The Advocate General of the Court of Justice of the EU has suggested that requiring internet service providers to filter content would infringe fundamental rights

  • Netherlands aims to align copyright law with digital age

    April 11, 2011

    A Dutch minister is aiming to introduce web-blocking powers in the country, while removing copyright levies

  • Global awards recognise IP leaders

    April 07, 2011

    Law firms Bird & Bird, Baker & McKenzie and Hogan Lovells were among those celebrating at last week’s Managing IP Global Awards Dinner

  • Global awards 2011 – full list of winners

    April 07, 2011

    Managing IP presented more than 60 awards to the leading firms in Europe, Africa, Asia and Latin America at the annual global awards dinner in London last night. Here are the winners:

  • What the Google Books decision means in Europe

    March 23, 2011

    In Europe, Google is likely to adopt an opt-in approach to digitisation, as indicated in its deal with French publisher Hachette Livre last year

  • EU court adviser gives guidance on cross-border levies

    March 15, 2011

    Companies must pay fair compensation in at least one member state when selling blank disks in the EU, according the Court of Justice’s Advocate General

  • Howrey moves on

    March 14, 2011

    Howrey voted last week to dissolve, resulting in the defection of its IP partners to firms around the globe. Below is a summary of some of the most notable IP hires from Howrey so far.

  • Kroes urges solution to orphan works problem

    March 11, 2011

    Concerns over copyright ownership should not be allowed to hold back the development of the Europeana database, Commission Vice-President Neelie Kroes said yesterday

  • Google fights headline ban in Belgium

    March 02, 2011

    Google has begun its fight against a ruling in Belgium that said it broke the country’s copyright law by reproducing the headlines of local newspapers

  • Interview: EMI and Deloitte on global database

    March 02, 2011

    The creation of a global database of music rights will make collecting royalties more efficient, according to two of the men working on a global repertoire project

  • Copyright law under review in Ireland

    March 01, 2011

    An Irish minister has dismissed rumours that she would amend copyright legislation before the government changes, but confirmed consultations are under way

  • Football bodies defeated over free broadcasts

    February 24, 2011

    EU member states can prevent all World Cup and Euro football matches being shown on pay-television, the General Court ruled last week

  • Analysis: Why decoder case means a legal turnaround

    February 08, 2011

    The Premier League slammed last week's Advocate General's opinion, saying it is not compatible with existing case law. Is the League right?

  • Court adviser slams territorial licensing

    February 03, 2011

    The Court of Justice’s Advocate General has dealt a severe blow to owners of sports rights who license content on a territorial basis in Europe

  • AG rejects production fiction in Philips case

    February 03, 2011

    Courts in EU member states should not ignore the in-transit status of goods when ruling whether they infringe IP rights, the Advocate General of the Court of Justice said today

  • European Commission targets ISPs to tackle IP abuse

    January 07, 2011

    The European Commission wants to “explore how to involve” ISPs more closely in the fight against IP abuse

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