Study On Dynamic Blocking Injunctions In The European Union
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Study on Dynamic Blocking Injunctions in the European Union
The rise in online activity and especially the online provision and consumption of copyright protected content received an additional boost due to the COVID-19 pandemic. In addition to legitimate offerings there are also many websites offering illegal downloads of music, films, games and/or illegal live broadcasts of sporting and cultural events. This underlines the relevance to further explore the effectiveness of existing legal remedies against IPR infringement. Such remedies can include website blocking injunctions through Domain Name System (DNS) blocking, Internet Protocol (IP) address blocking, or through Uniform Resource Locator (URL) filtering and can be an effective means of preventing the continuation of IPR infringement. However, different requirements across the EU apply regarding the evidence required to obtain blocking orders, and especially forward-looking injunctions (or dynamic injunctions), which can be used to prevent the continuation of IPR infringement. This study and the relevant case law collected in collaboration with the Observatory legal expert group provides an overview of static and dynamic blocking injunctions in the EU and the Member States available for rights holders who wish to effectively combat online piracy and protect their rights. It analyses the availability of such injunctions, their scope, technical implementation, and their effectiveness in reducing infringement and aims to help various stakeholders, Member States and other legal professionals to implement and/or improve the application of dynamic blocking injunctions.
The Handbook of Fashion Law
Over the past few years, 'fashion law' has emerged as a vibrant field of inquiry. The legal and policy issues affecting the fashion sector have been investigated with increasing intensity, while a growing number of private practice lawyers and in-house counsel regard themselves as practising fashion law. But what is fashion law? And what are the specific legal challenges facing the fashion sector, as well as related solutions? The Handbook of Fashion Law seeks to answer these questions by bringing together multiple voices, approaches, and jurisdictions. Its contributions are organized into four thematic areas. Part I considers the legal infrastructure of the fashion and luxury industries, addressing issues related to intellectual property (IP) as well as the demands of the circular economy, protection of cultural heritage, and freedom of expression and information. Part II maps the IP dimensions of fashion by reviewing the application of design rights, copyright, trade marks, geographical indications, plant variety rights, and trade secrets. Part III analyses specific contractual issues arising in the fashion sector. It examines the application of principles and rules found in regulatory frameworks, including those governing advertising, competition, consumer, and tax laws. Finally, Part IV dissects and evaluates the role of new and emerging technologies in the fashion sector from a legal perspective. It considers concepts such as e-commerce, 3D printing, counterfeiting, artificial intelligence, non-fungible tokens (NFTs), the metaverse, gaming, and wearable technology. The Handbook of Fashion Law offers readers a multidisciplinary and multijurisdictional understanding of legal challenges facing the fashion sector. Bringing together a diverse range of experts, its contributions offer readers an in-depth, critical, and strategic understanding of the fashion industry's legal intricacies.
Copyright and the Court of Justice of the European Union
Author: Eleonora Rosati
language: en
Publisher: Oxford University Press
Release Date: 2023-10-06
First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.