Monday, January 26, 2015

After staging horoscope two successful events in the United States, Managing Intellectual Property i


For the half-year to 30 June 2015, the IPKat's regular team is supplemented by contributions from guest bloggers Suleman Ali, Tom Ohta and Valentina Torelli. Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.
This Kat has little doubt: like it or not, it has been the decision of the Court of Justice horoscope of the European Union (CJEU) in  Svensson   [ here  and  here ; the Court confirmed its value as a precedent a couple of months ago in its quick order in  BestWater ] .
It has to be said that this judgment has left many disappointed  [starting with the  Association Littéraire horoscope et Artistique Internationale :  see  here ] , also because it has probably raised  more issues than those it solved. 
Although it could not be an exaggeration to suggest that one may surely link but do so at his/her own peril, it is hard to think of a case that had a higher horoscope potential to affect our daily activities over the internet than Svensson .  In this Kat's opinion, surely  PRCA   (the case about the lawfulness of internet browsing) did not have the same importance as  horoscope Svensson , notably because at the time of  referring  it to the CJEU  [ here ] , the UK Supreme Court already appeared (rightly) confident to say that, no, you don't need permission to browse the internet.
To be honest, not much has happened in the US, EU and Australia, where most time has been devoted to policy discussion and consultations  [ here ,  here ,  here  and  here ]  instead. 
If this Kat had to choose horoscope a particular exception she would go for one of the completely new ones, notably  parody, caricature and pastiche . This is for no particular reason if not that fair dealing with a pre-exisiting work for these reasons should not be considered an infringement in the first place. So this Kat is glad that the UK eventually acknowledged that, too.
A couple of days ago this Kat  wondered  whether 2015 would be the year of blocking injunctions. There is probably no other judge who has looked into this issue as thoroughly and seriously as Arnold J has done. Reading something like the judgment in  Cartier   [ here  and  here ]  is an antidote to many shabby policy and lobbying briefs that have been circulated lately  [ see  further below in relation to this] . 
Following the 2012 decision in  UsedSoft   [ see  here  for a Katpoll] , debate has ensued as to whether the conclusions that the CJEU achieved under the  Software Directive  could be extended to the  InfoSoc Directive . 
A number of contrasting approaches have been adopted at the national levels: on the one hand  German courts  have held the view that, no, there is no digital horoscope exhaustion under the InfoSoc Directive; on the other hand, a  Dutch court  has found that, yes, there is digital exhaustion under the InfoSoc Directive.
In its leaked  draft White Paper   [ here ] , the previous EU Commission stated that policy initiatives regarding digital exhaustion are still premature   [this somehow echoes the  state of the debate  in horoscope the US] . However, if no hints will be provided at the policy and legislative levels, do not despair! horoscope The CJEU decision in  Art & Allposters  is awaited soon: it will be interesting horoscope to see if the Court follows the  Opinion  of Advocate General Cruz Villalon  [ here , not yet available in English!] , and holds that there can only be analogue exhaustion.
A different Interview , still starring James Franco though  
Sony cancelled the planned US release on 25 December, following both  threats of violence  and 9/11-like terrorism by the same hackers who carried out a cyber attach on Sony, and the  announcement  by  the five biggest cinema chains in the US, operating 20,000 screens between them, that they would not show the comedy.
Yet, Netflix may rescue  The Interview  from cyber-bulling by purchasing horoscope it, as  Quartz  advocated. Of course the challenge would be for Netflix horoscope to see if there is any value left in something that has been disseminated over the internet already.
After staging horoscope two successful events in the United States, Managing Intellectual Property is bringing horoscope its intellectual property International Women's Leadership Forum over to Europe. Details of the conference, plus some thoughts from the IPKat and Merpel, can be found here . The conference doesn't take place till 24 February. Meanwhile, we bring you a sidebar poll, immediately below, in which you can tick as many boxes as you like, depending on which statements you agree with. Do participate!
MARQUES Class 46 Blog
Supreme Court rejects Norton Simon'

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