India Grants a Compulsory Licence of Bayer’s Patented Cancer Drug: The Issue of Local Working Requirement

post by Enrico Bonadio The report analyses the first compulsory licence granted by the Indian government. The author argues that the decision adopted by India might be in violation of the non discrimination principle enshrined in Article 27(1) TRIPS Agreement For the full report see here. Advertisements

Trade Marks in Online Marketplaces: The CJEU’s Stance in L’Oreal v. eBay

Post by Enrico Bonadio On July 12, 2011 the Court of Justice of the European Union (CJEU) gave its decision in L’Oréal v eBay (C-324/09). The CJEU dealt with inter alia the following issues: (1) the aspects related to the nature of the goods sold by eBay’s users; (2) the liability of eBay in connection … Continue reading

Seizures of In-Transit Generics at the EU Borders: India and Brazil v. The EU

Post by Enrico Bonadio On May 2010 India and Brazil filed a complaint at the WTO claiming that customs rules in the EU, Regulation 1383/2003 in particular, recently allowed customs authorities to detain certain lots of Indian generics in transit to non-EU states. India and Brazil maintain that these measures contradict relevant TRIPS and GATT … Continue reading

Private copying levy in cross-border transactions

On 16 June 2011 the Court of Justice of the European Court (CJEU) gave its decision in Stichting de Thuiskopie v Opus Supplies Deutschland GmbH, Mijndert van der Lee, Hananja van der Lee (Case C-462/09). The Court held that the Member States which have introduced the private copying exception are required to guarantee an adequate … Continue reading

Football, Broadcasting and the Internal Market

Thank you to everyone who participated in the Institute for the Study of European Laws’ legal panel discussion ‘Football, Broadcasting and the Internal Market: Is a new audio-visual space in sight?’ on 11 October 2011. It proved to be a fascinating discussion of various aspects of the ECJ’s judgment in FA Premier League b QC … Continue reading

Live blog: legal discussion panel 11 October 2011

The Institute for the Study of European Laws will be hosting a legal panel discussion tonight, Tuesday 11 October at 18:00 at the City University Northampton Square campus on the ECJ’s decision of 4 October 2011 in joined cases FA Premier League v QC Leisure and Murphy v Media Protection Services. To follow the event … Continue reading

File Sharing, Copyright and Freedom of Expression

The article explores the relationship between copyright and freedom of speech in the Internet environment. After highlighting the constitutional dimension of these conflicting rights, the phenomenon of file sharing and the role of Internet Service Providers (ISPs), the author analyzes the debate surrounding a particular sanction used in certain jurisdictions to punish unauthorized on line … Continue reading

Exceptions to Public Lending Rights and Authors’ Remuneration: the ECJ in Vewa v Belgium

On 30 June 2011 the Court of Justice of the European Union (CJEU) gave its decision in Vereniging van Educatieve en Wetenschappelijke Auters (Vewa) v Belgium (Case C-271/10). The CJEU interpreted Article 6(1) of Directive 2006/115, which allows Member States to derogate from the exclusive rights provided in respect of “public lending”, provided that authors … Continue reading

ITV v TV Catchup

Post by Prof. Lorna WoodsThe judgment in ITV Broadcasting Ltd and Ors v TV Catchup Ltd  [2011] EWHC 1874 (Pat) was handed down on 18 July 2011.  TV Catchup Ltd (TVC) operates an internet based live streaming service of broadcast television programmes, including films, in which the claimants own the copyright. The service provided does … Continue reading

IP Provisions of the EU-Central America Association Agreement and Development Issues

The recent Association Agreement signed between the European Union and Central American countries contains important intellectual property provisions.Some of these provisions have been inserted in the treaty to meet Central America states’ needs, especially with reference to technology transfer issues, the protection of public health and the protection of genetic resources and traditional knowledge.For the … Continue reading