In an effort to control its expansion, public authorities have taken restrictive measures that impact both people and companies on their territory. In this context, IP Offices have adopted decisions to secure their users’ rights and the safety of their staff. Here are the key takeaways from these recent decisions.
Update 27 March 2020 | The COVID-19 pandemic is progressing worldwide. In an effort to control its expansion, public authorities have taken restrictive measures that impact both people and companies on their territory.
To ensure the proper functioning of the copyright market, a third pillar dealing with fair renumeration in exploitation contracts of authors and performers is foreseen (1). In doing so, the EU legislature recognises the (usually) weaker contractual position of authors and performers when licensing or transferring their exclusive rights (2).
The European legislator has been forced to note the inadequacy of existing exceptions to the digital age in which we live: the use of works is taking place in new forms, and increasingly across borders. It has therefore decided to add to the existing exceptions and limitations (1), intended for more traditional modes of use and optional, new exceptions, adapted to digital uses and this time mandatory.
Following the referendum of 23 June 2016 on the membership of the United Kingdom (« UK ») to the European Union (« EU ») (referendum on Brexit), the UK notified its intention to withdraw from the EU to the European Council on 29 March 2017. This officially activated the application of Article 50 of the Treaty on EU (1).
The Broadcasting Directive (1) aims to contribute to the Digital Single Market by allowing a wider dissemination of radio and television programmes throughout the EU (2). To realise this aim, the Directive introduces mechanisms to facilitate rights clearance of copyright and related rights for certain online transmissions of tv and radio programmes and for cross-border retransmissions (3).
Une enfant joue dans un parc, sous le regard ému de sa maman. Rien d’anormal. Jusqu’à ce que la maman, en pleurs, retire son casque de réalité virtuelle. La petite fille est décédée depuis trois ans. Une équipe d’infographiste a récréé son avatar virtuel.
It is safe to say that on 30 January 2020, the Court of Justice of the European Union (hereafter the “CJEU”) handed down a landmark decision in EU IP and competition law.
The Copyright package also includes a Directive, already transposed into Belgian law by the law of 25 November 2018 (1), and a Regulation with “external effect” (2). Together, they transpose into European law the Marrakesh Treaty harmonising the limitations and exceptions with a view to improving access to and use of works for the blinds, visually impaired and persons with other reading difficulties (adopted in Marrakesh on 27 June 2013 and administered by the WIPO) (3).
The Portability Regulation is one of the first legal instruments adopted to implement the digital single market strategy, more particularly as to its first pillar (“a better access to online goods and services for consumers and businesses across Europe”), together with the regulation prohibiting unjustified geo-blocking (1) (the “Geo-blocking Regulation”) and the abolishment of roaming charges on 15 June 2017 (2).
