Dans un billet d’avril 2013 (ici) consacré à la revente de fichiers numériques de ‘seconde main’ sur ReDigi, IPdigIT se demandait si la décision du 30 mars 2013 rendue par la District Court de New York dans Capital Records v. ReDigi était transposable en Europe. Pour le juge américain, le service de revente numérique de […]
Author Archive | Alain Strowel
IPdigIT revient sur l’affaire ReDigi: adapter la technologie pour éviter l’interdit du droit
By 23 April 2014 38
Are non-practicing entities (NPEs) aka ‘patent trolls’ operating in Europe?
By 2 April 2014 1
Hee-Eun Kim, an associate with Covington & Burling LLP, where I work as Of Counsel, has prepared a very useful survey of the last developments involving non-practicing entities (NPEs), more widely known as “patent trolls, in Europe. Paul Belleflamme has addressed the trolling problems in several posts: Beware! Privateers patrol thse patent waters, What to […]
No need to ask for authorization before hyperlinking, but…what did the EU Court of Justice mean in Svensson?
By 21 March 2014 33
In a previous post (see here), I had asked to anticipate the response of the Court of Justice of the EU to several questions raised in the Svensson case (C-466/12). The core question was whether establishing an hyperlink to a copyrighted work could constitute a “communication to the public” (under Article 3 of the 2001/29 […]
Will ‘Patent trolls’ soon appear on the European market?
By 18 November 2013 60
It is under this title that a series of articles (published in the Belgian newspaper La Libre Belgique on October, 19 2013 and prepared by Laurent Lambrecht; see here) wondered if the future unitary patent and unified patent court might attract “trolls” in Europe. “The risk is not negligible“: this is my answer, summarized in the […]
Plain packaging receives a “no” from the European Parliament
By 12 November 2013 23
As already reported several times on this blog (see here, here and here), plain packaging of tobacco products, i. e. the requirement to remove or substantially reduce the appeal of the brand on the packaging of cigarettes and other tobacco products, remains a hot topic. It is part of health law, but has some implications […]
Do you believe in sharing or in owning? Do you rely on commons or on private property?
By 13 October 2013 19
A recent article in the Financial Times (Tim Harford, ‘Do you believe in sharing?’, F.T., August 31/Sept. 1 2013) reminds us of an eternal debate: shall we believe in the ability of humans to adequately share and reasonably use the resources offered by our planet? Or do we have to define property rights so that […]
Are Patent Settlements Anti-Competitive?
By 11 October 2013 0
Settlements of disputes allowing parties to find a mutually acceptable compromise are a legitimate way to end private disagreements. The parties save costly litigation and the public authorities, such as courts and administrative bodies, equally save time and effort. The law and the public authorities should thus support the conclusion of those agreements. Now, some patent settlements […]
When plain packaging becomes a matter for the judges
By 22 November 2012 37
Plain packaging laws impose trademark restrictions and other plain packaging requirements on tobacco products and packaging, as illustrated by the attached photograph of a cigarette packaging where the brand only appears in plain and small font below a rather unappealing photo. Plain packaging is not a new issue of public interest in the field of intellectual property, […]
“Communication to the public” under the Court of Justice case law: Where is the limit?
By 25 October 2012 21
Over the recent months, the Court of Justice of the EU (CJEU) has issued several decisions that attempt to define the limits of the “communication to the public right” as defined in Article 3 of the 2001/29 Directive on copyright and related rights in the information society. It is interesting to find the criteria used […]
What do the Pirate Parties represent? When IP becomes politics
By 26 September 2012 22
Over the last years, the Pirate Parties, in several European countries, have presented candidates at national or local elections and they even got some seats in various parliaments. At the September 2009 general election in Germany, the local Pirate Party – Die Piratenpartei – secured a respectable 2% of all votes. At the 2011 local […]
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