Intellectual property law


COVID-19 – IP Offices take measures to face the pandemic – Update 1 April

COVID-19 – IP Offices take measures to face the pandemic – Update 1 April
01/04/2020

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.

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 COVID-19 – IP Offices take measures to face the pandemic

COVID-19 – IP Offices take measures to face the pandemic
26/03/2020

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.

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Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the contractual rules.

Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the contractual rules.
19/03/2020

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).

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Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the DSM Directive’s exceptions.

Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the DSM Directive’s exceptions.
16/03/2020

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.

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Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the impact of Brexit on Copyright law.

Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the impact of Brexit on Copyright law.
09/03/2020

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). 

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Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the Broadcasting Directive.

Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the Broadcasting Directive.
02/03/2020

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).

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Combattre la mort par la technologie, où mettre la limite ?

Combattre la mort par la technologie, où mettre la limite ?
27/02/2020

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.

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Patent dispute settlements under scrutiny by the CJEU: the crossroads between IP & competition law

Patent dispute settlements under scrutiny by the CJEU: the crossroads between IP & competition law
25/02/2020

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. 

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Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the Marrakesh Directive and Regulation.

Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. Introducing the Marrakesh Directive and Regulation.
24/02/2020

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).

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Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. The Portability Regulation

Copyright in the Digital Single Market. Analysis and Implementation of the New Directive. The Portability Regulation
14/02/2020

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).

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