Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Ease data privacy rules to protect copyright, CJEU told

AdobeStock_359548463_Editorial_Use_Only (1).jpeg

A court adviser said copyright authorities must be able to access data linked to internet protocol addresses where necessary

An adviser to the Court of Justice of the EU said national copyright infringement investigators should be given greater access to personal data in an opinion published on Thursday, October 27.

Advocate general (AG) Maciej Szpunar concluded that EU privacy laws allowed for the retention of civil identity data, such as contact details linked to internet protocol addresses, when it was the only way of identifying alleged infringers.

If the opinion were adopted, it would be a significant shift from established CJEU case law, which has so far limited identification via internet protocol addresses to instances of serious crime and threats to public safety.

The AG issued the non-binding opinion in response to a challenge brought by four civil liberty groups against a 2010 decree from the French government.

The decree allowed France’s Regulatory Authority for Audiovisual and Digital Communication, formerly known as HADOPI, access to civil identity data.

The retention of such data should be time-limited and subject to the principle of proportionality, as required by the EU’s Charter of Fundamental Rights, Szpunar wrote.

Szpunar said the CJEU’s previous position left national governments unable to use the only means of investigating some online copyright infringements.

“That would lead to de facto systemic impunity for offences committed exclusively online, not just infringements of intellectual property rights.

“Short of accepting that a whole range of criminal offences may evade prosecution entirely, I take the view that the balance between the different interests at stake should be examined afresh,” Szpunar wrote.

According to the CJEU, judges have begun to consider the case.

The CJEU is not duty-bound to follow AG opinions but does so in many instances.

more from across site and ros bottom lb

More from across our site

The IPO must change its approach and communicate with IP owners about its attempts at clearing up the trademark register
Counsel are looking at enforceability, business needs and cost savings when filing for patents overseas
James Perkins, member at Cole Schotz in Texas, reveals how smaller tech companies can protect themselves when dealing with larger players
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
The EUIPO management board must provide the Council of the EU with a performance assessment before it can remove the executive director
The European Commission confirmed that plans for a unitary SPC will be published in April alongside reforms to the SEP system
The court held that SEP implementers could be injuncted or directed to pay royalties before trial if they are deemed to be unwilling licensees
Patentees should feel cautious optimism over the EPO Enlarged Board of Appeal’s decision in G2/21, say European patent attorneys
Significant changes to the standard of law are unlikely, say sources, who note that some justices seemed sceptical that the parties disagreed on the legal standard
Sources say the High Court of Australia’s ruling that reputation is immaterial in trademark infringement cases could stop famous brands from muscling out smaller players