Online copyright infringement: the Court of Justice rules on jurisdiction
On 3 October 2013, the Court of Justice of the European Union, in case C-170/12, decided on the interpretation of article 5(3) of Regulation (EC) No 44/2001 on jurisdiction in civil and commercial matters.
According to such rule, as an exception from the rule of general jurisdiction based on the defendant’s domicile, ‘a person domiciled in a member state may, in another member state, be sued: […] in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur’.
In particular, the Court of Justice ruled on whether, pursuant to such rule of special jurisdiction, the author of a copyrighted work may bring a claim for damages before the court for the place where he is domiciled, because of the online sale of a pirated CD through a website accessible in the country of his domicile…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
News from NCTM
News from The Lawyer
Briefings from NCTM
EU Court of Justice holds trade dress of flagship store eligible for trademark registration under EU law
The EU Court of Justice has ruled in favour of the eligibility for registration as a trademark, under EU law, of the overall appearance, trade dress and design of a flagship store.
Copyright — the on-screen copies and cached copies made by a user are licit also without the authorisation of the copyright holder
By a judgment issued on 5 June, the European Court of Justice has ruled on the interpretation of article 5 of Directive 2001/29/CE.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms