scholarly journals El foro especial en materia delictual o cuasidelictual y la compensación por copia privada: Asunto c-572/14, Austro-Mechana = Jurisdiction in matters relating to tort, delict or quasi-delict and private copying levy Case c-572/14, Austro-Mechana

2017 ◽  
Vol 9 (2) ◽  
pp. 623
Author(s):  
Celia M. Caamiña Domínguez
Keyword(s):  
Preliminary Ruling ◽  
Private Copying ◽  
Collecting Society ◽  
Private Copying Levy ◽  
Council Regulation ◽  
Article 5

Resumen: El presente trabajo analiza la STJUE de 21 de abril de 2016, relativa a un litigio entre Austro-Mechana, sociedad austriaca de gestión de derechos de autor, y la empresa Amazon. La cuestión prejudicial tiene por objeto la interpretación del art. 5.3 del Reglamento 44/2001, en una reclamación del canon por copia privada previsto en el Derecho austriaco.Palabras clave: Reglamento 44/2001, materia delictual o cuasidelictual, compensación por copia privada.Abstract: This article deals with the Judgment of the Court (First Chamber) of 21 April 2016, related to a dispute between a copyright-collecting society (Austro-Mechana) and Amazon. The request for a preliminary ruling concerns the interpretation of Article 5(3) of Council Regulation (EC) No 44/2001 in a claim seeking to obtain a private copying levy due by virtue of the Austrian Law.Keywords: Council Regulation (EC) No 44/2001, matters relating to tort, delict or quasi-delict, private copying levy.

Do you Prefer Scotch or German Whisky? CJEU Judgment in the Scotch Whisky and Glen Buchenbach Dispute

2018 ◽  
Vol 9 (4) ◽  
pp. 719-729
Author(s):  
Vadim MANTROV
Keyword(s):  
Geographical Origin ◽  
Geographical Indications ◽  
Preliminary Ruling ◽  
Similar Form ◽  
Visual Appearance ◽  
Commercial Use ◽  
European Consumer ◽  
Council Regulation ◽  
The Right ◽  
Scotch Whisky

Case C-44/17, Scotch Whisky Association v Michael Klotz, 7 June 2018 (Fifth Chamber)The CJEU issued a preliminary ruling in a dispute between the protected indication of geographical origin Scotch Whisky and the disputed sign Glen Buchenbach over the right to use the designation Glen. The CJEU provided further clarification of the four protection norms for safeguarding protected indications of geographical origin. Commencing with interpreting the phrase “any direct or indirect commercial use”, the CJEU established that the term “use” refers to the visual appearance of a protected indication covering its use in either an identical or similar form in the disputed sign. The terms “direct” and “indirect” refer to the way in which appearance takes place: the former term covers affixing a disputed sign directly on the product (ie labelling); the latter term comprises other forms of use such as advertising or accompanying documents. Further, the CJEU held that “evocation” means evaluating whether an average European consumer thinks directly of a protected indication of geographical origin when confronted with an infringing sign. Finally, the CJEU averred that assessing whether a disputed sign is used either as an evocation or as a “false and misleading indication” does not depend on the context in which the sign is used.Article 16 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, OJ L - 8, of 13.2.2008, pp 16–54 [Spirits Regulation].

Piercing the peer–to–peer myths: An examination of the Canadian experience

First Monday ◽  
2005 ◽  
Author(s):  
Michael Geist
Keyword(s):  
File Sharing ◽  
Peer To Peer ◽  
Peer Networks ◽  
Recording Industry ◽  
Economic Interests ◽  
Private Copying ◽  
Canadian Experience ◽  
Private Copying Levy ◽  
Peer To Peer Networks ◽  
Lévy System

Canada is in the midst of a contentious copyright reform with advocates for stronger copyright protection maintaining that the Internet has led to widespread infringement that has harmed the economic interests of Canadian artists. The Canadian Recording Industry Association (CRIA) has emerged as the leading proponent of copyright reform, claiming that peer–to–peer file sharing has led to billions in lost sales in Canada. This article examines CRIA’s claims by conducting an analysis of industry figures. It concludes that loss claims have been greatly exaggerated and challenges the contention that recent sales declines are primarily attributable to file–sharing activities. Moreover, the article assesses the financial impact of declining sales on Canadian artists, concluding that revenue collected through a private copying levy system already adequately compensates Canadian artists for the private copying that occurs on peer–to–peer networks.

scholarly journals “After Thunder Comes Rain”: The ECJ Finally Rules on the Boundaries of the EUMR Standstill Obligation

2019 ◽  
Vol 3 (1) ◽  
pp. 187-208
Author(s):  
Luca Villani
Keyword(s):  
Control System ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Merger Control ◽  
Court Of Justice ◽  
First Case ◽  
European Court ◽  
Council Regulation ◽  
The Eu ◽  
Broad Overview

In its judgment of 31 May 2018, case C-633/16, the European Court of Justice ruled on the preliminary questions referred by the Danish Maritime and Commercial Court in the context of a merger notified to the Danish Competition and Consumer Authority by KPMG DK and EY DK. The referring court asked the ECJ to clarify on the scope of the so-called standstill obligation imposed on the parties of a notifiable transaction by article 7 of the Council Regulation (EC) No. 139/2004 (EUMR). The decision was long awaited, since after having imposed several fines for gun jumping practices in recent times, it is the first case ever in which the Court has been asked to take position on the matter through a preliminary ruling. As for substance, the European Court of Justice stated that article 7, paragraph 1 of the EUMR must be interpreted as meaning that a concentration is implemented only by a transaction which contributes to the change in control of the target undertaking. In doing so, the Court gives a broad overview of the EU merger control system, recalling the fundamental concepts of concentration, control and standstill in order to give a systematic interpretation of the provisions at stake.

J. N. v. Staatssecretaris voor Veiligheid en Justitie (C.J.E.U.)

2017 ◽  
Vol 56 (5) ◽  
pp. 931-950
Author(s):  
Lieneke Slingenberg
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
Preliminary Ruling ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Grand Chamber ◽  
Article 5

On February 15, 2016, the Grand Chamber of the Court of Justice of the European Union (CJEU or the Court) delivered its preliminary ruling in a case about the detention of Mr. N. Mr. N. was detained pending the examination of his (fourth) asylum application and claimed that his detention was in violation of Article 5 of the European Convention on Human Rights (ECHR). Since his detention was provided for in relevant EU legislation, the question referred to the CJEU was about the validity of this EU legislation.

Pengaturan Waralaba Di Indonesia: Perspektif Hukum Bisnis

Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i
Keyword(s):  
Government Regulation ◽  
Small And Medium Enterprises ◽  
Economic Community ◽  
The Law ◽  
The Government ◽  
Medium Enterprises ◽  
Article 5 ◽  
Laws And Regulations

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.

Waldpolitischer Jahresrückblick 2010 | Annual review of swiss forest policy 2010

2011 ◽  
Vol 162 (5) ◽  
pp. 137-145 ◽  
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Conservation ◽  
Forest Policy ◽  
Value Added ◽  
Political Agenda ◽  
Annual Review ◽  
Forest Law ◽  
One Step ◽  
Climate Convention ◽  
Article 5

In 2010, there were no major forest policy issues that attracted media attention. The year 2010 was rather marked by the preparation of decisions “offstage” and by recurring administrative implementation activities. The partial revision of the forest law, which has been launched, can be regarded as special, because it is not a routine affair: the Committee for the Environment, Spatial Planning and Energy of the Council of States decided to revise particularly article 7 (compensation for deforestation) and article 10 (assessing forest status) of the forest law, and thus loosen the strict regime for forest conservation. Concerning the sectoral policies related to forest, the parliament took the law on spatial planning (RPG) one step further towards its revision. With the proposed revision of the spatial planning law's article 5 (value-added charge) a forest policy relevant article is now up for discussion. Different forest relevant topics on the international political agenda were discussed during the two international conferences on biodiversity and climate convention just as during the treatment of the alpine and the landscape convention. Next year the discussions will presumably be about the future forest conservation policy.

The preliminary ruling procedure at the court of justice of the European Union and transformation of European anti-discrimination law

2020 ◽  
Vol 2020 (3) ◽  
pp. 66-72
Author(s):  
Elena Sorokina
Keyword(s):  
Legal System ◽  
Essential Feature ◽  
Preliminary Ruling ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
Protection Of Human Rights ◽  
The Eu

The preliminary ruling procedure is an essential feature of the EU legal system, which is a unique cooperation tool as part of the dialogue between the Court of Justice of the EU and national courts of the Member States. Its main purpose is to ensure uniform interpretation and application of the provisions of EU law with all Member States and to preserve the uniformity of the European legal system. The continuous use by national courts of the Member States of the mechanism of preliminary ruling and constructive inter-judicial cooperation, the Court of Justice has developed an extremely extensive case law on the prohibition of discrimination and with the result to introduce substantial changes in European anti-discrimination law.The preliminary rulings of the Court of Justice have shown its inclination to expand notions of what constitutes discrimination and in most cases the Court prompt by the desire to interpret the provisions of European law so as to ensure the full effectiveness of the law, as well as a willingness to promote and strengthen protection against discrimination in Europe. While the protection against discrimination on some grounds is stronger than others, however, the preliminary rulings of the Court of Justice are important contribution to the transformation of anti-discrimination law, promote change in the national legislation of the Member States and provide the more effective protection of human rights in general.

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