ECJ sheds new light soon after Pinckney upon criteria for establishing jurisdiction in copyright transnational infringement matters
With its decision rendered on 3 April 2014 (Case C-387/12), the EU Court of Justice (ECJ) ruled once again upon the issue of jurisdiction in relation to copyright infringement matters, only six months after the issuance of the Pinckney v KDG Mediatech judgment (3 October 2013, Case C-170/12).
In particular, the court caught the opportunity to clarify its position as to the most correct interpretation of the notion of ‘place of harmful event’ under article 5, point 3 of EU Regulation no. 44/2001, in order to establish jurisdiction in relation to transnational judicial controversies regarding the alleged infringement of copyright that may have touched, in some instances, the territories of more than one single member state.
The facts from which the case before the ECJ originated from came from judicial proceedings initiated in Germany by a local photographer, who had sued before a German court a French company that, according to his allegations, had unauthorisedly transferred the economic rights upon the use of his photographs to a further French company having in turn a subsidiary active in Germany. With respect to such case, the German Supreme Court remitted to the Court of Justice the question as to whether the ‘place of harmful event’ criterion could lead to establish the German jurisdiction vis-à-vis entities active in a different member country and/or with respect to damages originated or occurred in such different member country, eventually with the contribution of a German national…
Click on the link below to read the rest of the NCTM briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from NCTM
News from The Lawyer
Briefings from NCTM
Shipping and Transport Bulletin — dredging in Italian ports; cross-border shipments of waste; and more
NCTM has released the December 2014–January 2015 edition of its Shipping and Transport Bulletin.
Article 7 applies to geographical indications identifying products falling within one of the product classes listed in Annex III.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms