This document provides an analysis of access blocking in Europe, specifically analyzing the 2014 CJEU case of UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH. It summarizes the key facts of the case, which involved a copyright infringement on a website and an ISP declining a request to block access. It then analyzes the CJEU decision, which found that ISPs can be considered intermediaries and that outcome prohibition injunctions requiring reasonable blocking measures are compatible with fundamental rights and do not require specific technical measures. Finally, it calls for the establishment of an EU-wide test of proportionality for access blocking measures to balance relevant rights and interests.
Presentation delivered at the EUI in Florence during the FSR C&M, CMPF and FCP Annual Scientific Seminar on 'Competition, Regulation and Pluralism in the Online World' (22-23 March 2018).
Birgit Clark - ISP Liability through Interference in GermanyEleonora Rosati
The document discusses the concept of "interferer liability" in German law, which holds that an interferer who intentionally contributes to a third party's infringement of intellectual property rights can be liable for injunctive relief. It applies this concept to analyze the liability of internet service providers for copyright infringements by users. Key points include: German courts have imposed "reasonable measures" on ISPs to prevent future infringements, such as notice-and-takedown and limited filtering; but the appropriate scope of such measures remains debated. The document also analyzes how this approach relates to and may be limited by European directives on e-commerce and copyright.
Alberto Bellan - The AGCOM Regulation in Italy: Nessun dormaEleonora Rosati
The document summarizes the AGCOM Regulation in Italy, which establishes an administrative procedure for addressing online copyright infringement. AGCOM, the Italian communications authority, can order websites and hosting providers to disable access to infringing content or entire websites. Right holders can file takedown notices that trigger a preliminary assessment and potential blocking orders. Hosting and access providers face fines if they do not comply with blocking orders within 3 days. The procedure aims to quickly and effectively address online copyright infringement but has been criticized for lacking proper due process and risking disproportionate impact.
Internet and eCommerce Law Review 2016Graham Smith
This document summarizes an annual technology law update presentation on internet and e-commerce issues from 2016. It discusses key legal developments regarding consumer protection, digital copyright, online intermediary liability, and investigatory powers. Specifically, it outlines cases on unfair choice of law terms, copyright infringement by linking, site blocking injunctions, and the ongoing debate around surveillance laws and data retention. It also previews issues to be addressed in 2017 regarding the digital single market and ongoing legal challenges.
The document discusses the future of patent litigation in Europe under the proposed Unified Patent Court (UPC) system. It outlines that there will be three options for patents - traditional European patents, European patents with unitary effect covering 24 EU states, and national patents. Litigation will occur either at the new Unified Patent Court which will have jurisdiction over unitary patents, or national courts which will handle traditional European patents and national patents. The document provides details on the structure of the UPC, options for patentees and opposing parties, language rules, and timeline for implementation of the new system.
The document discusses legislative developments regarding private competition litigation in the UK and EU. It summarizes the UK's consultation on implementing the EU Directive on Antitrust Damages Actions, which aims to harmonize private damages actions across the EU. The consultation considers whether to adopt a single or dual regime in the UK and proposes a single regime to promote clarity. It also discusses how the UK may change its limitation periods for claims to align with more claimant-friendly provisions in the Directive. Finally, it outlines specific issues like disclosure requirements and the passing-on defense that UK legislation will address when implementing the Directive.
EU Law Quantitative Restrictions Kindly donated by Robert Gaudet JrLawSWOT
This document provides an overview of European Union law regarding quantitative restrictions and measures having an equivalent effect on imports and exports between EU member states. It defines quantitative restrictions as non-pecuniary restrictions on trade between states. The document outlines key cases that have established and clarified the scope of Articles 34 and 35 of the TFEU, which prohibit quantitative restrictions and measures equivalent to quantitative restrictions. It discusses what constitutes a measure having an equivalent effect, exceptions under Article 36, and the concept of "indistinctly applicable rules" established in Cassis de Dijon. The document also addresses selling arrangements and the Keck doctrine, which established that certain selling arrangements fall outside the scope of Article 34.
Presentation delivered at the EUI in Florence during the FSR C&M, CMPF and FCP Annual Scientific Seminar on 'Competition, Regulation and Pluralism in the Online World' (22-23 March 2018).
Birgit Clark - ISP Liability through Interference in GermanyEleonora Rosati
The document discusses the concept of "interferer liability" in German law, which holds that an interferer who intentionally contributes to a third party's infringement of intellectual property rights can be liable for injunctive relief. It applies this concept to analyze the liability of internet service providers for copyright infringements by users. Key points include: German courts have imposed "reasonable measures" on ISPs to prevent future infringements, such as notice-and-takedown and limited filtering; but the appropriate scope of such measures remains debated. The document also analyzes how this approach relates to and may be limited by European directives on e-commerce and copyright.
Alberto Bellan - The AGCOM Regulation in Italy: Nessun dormaEleonora Rosati
The document summarizes the AGCOM Regulation in Italy, which establishes an administrative procedure for addressing online copyright infringement. AGCOM, the Italian communications authority, can order websites and hosting providers to disable access to infringing content or entire websites. Right holders can file takedown notices that trigger a preliminary assessment and potential blocking orders. Hosting and access providers face fines if they do not comply with blocking orders within 3 days. The procedure aims to quickly and effectively address online copyright infringement but has been criticized for lacking proper due process and risking disproportionate impact.
Internet and eCommerce Law Review 2016Graham Smith
This document summarizes an annual technology law update presentation on internet and e-commerce issues from 2016. It discusses key legal developments regarding consumer protection, digital copyright, online intermediary liability, and investigatory powers. Specifically, it outlines cases on unfair choice of law terms, copyright infringement by linking, site blocking injunctions, and the ongoing debate around surveillance laws and data retention. It also previews issues to be addressed in 2017 regarding the digital single market and ongoing legal challenges.
The document discusses the future of patent litigation in Europe under the proposed Unified Patent Court (UPC) system. It outlines that there will be three options for patents - traditional European patents, European patents with unitary effect covering 24 EU states, and national patents. Litigation will occur either at the new Unified Patent Court which will have jurisdiction over unitary patents, or national courts which will handle traditional European patents and national patents. The document provides details on the structure of the UPC, options for patentees and opposing parties, language rules, and timeline for implementation of the new system.
The document discusses legislative developments regarding private competition litigation in the UK and EU. It summarizes the UK's consultation on implementing the EU Directive on Antitrust Damages Actions, which aims to harmonize private damages actions across the EU. The consultation considers whether to adopt a single or dual regime in the UK and proposes a single regime to promote clarity. It also discusses how the UK may change its limitation periods for claims to align with more claimant-friendly provisions in the Directive. Finally, it outlines specific issues like disclosure requirements and the passing-on defense that UK legislation will address when implementing the Directive.
EU Law Quantitative Restrictions Kindly donated by Robert Gaudet JrLawSWOT
This document provides an overview of European Union law regarding quantitative restrictions and measures having an equivalent effect on imports and exports between EU member states. It defines quantitative restrictions as non-pecuniary restrictions on trade between states. The document outlines key cases that have established and clarified the scope of Articles 34 and 35 of the TFEU, which prohibit quantitative restrictions and measures equivalent to quantitative restrictions. It discusses what constitutes a measure having an equivalent effect, exceptions under Article 36, and the concept of "indistinctly applicable rules" established in Cassis de Dijon. The document also addresses selling arrangements and the Keck doctrine, which established that certain selling arrangements fall outside the scope of Article 34.
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS I...Dr. Oliver Massmann
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS INTO VIETNAM’S FIRST EVER LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP (PPP)
The text assesses the existence and availability of the information listed in VPA about legal frameworks and procedures or forest activities:
-It finds that there are difficulties in the interpretation of complex information and dissemination depends on the authority’s discretion.
-EU will support the implementation of VPA by and activating civil society to demand and use data. In Ghana, the EU will work to establish a formal agreement on which documents should be routinely published.
-Ghana: no binding obligation to publish data routinely. Legal documents are available, but mostly after written request.
-Cameroon: commits the parties to publish information on specific items. There is missing implementing regulation and key information on logging permits. Almost no data on production, plans, exports, social agreements, etc
-Liberia: Legal documents available, but missing information on private use permits, production, and law enforcement.
The document discusses the European Union's Digital Agenda, which aims to promote smart, sustainable, and inclusive growth through information and communication technologies (ICT). The Digital Agenda contains 100 actions across 7 areas to achieve these goals for citizens, employees, consumers, and other groups. Nanoelectronics is indirectly addressed as a key enabling technology and directly through ICT research funding and strategic agenda setting. Related initiatives like the Innovation Union and industrial policy also aim to support technologies like nanoelectronics. The speaker seeks input on ensuring the success of programs like Joint Technology Initiatives beyond 2013.
US – EU Safe Harbor for Cross-Border DataMark Aldrich
This document summarizes recent developments regarding the US-EU Safe Harbor framework for cross-border data transfers. It provides background on the Safe Harbor and outlines key events that have challenged its validity, including European court cases and actions by data protection authorities. These developments include a pending case before the European Court of Justice to determine the validity of Safe Harbor given revelations about US government surveillance programs. Several data protection authorities have also initiated enforcement actions against US companies that self-certified under Safe Harbor.
How to overcome the challenges facing the European IPR system?ndbaf03
The fragmentation, high costs and uncertainty in the European Patent System could explain some of the difficulties that Europe has in moving towards a more knowledge-intensive economy in order to create jobs and economic growth
David Rose & Axel Walz Presentation at MIP European Patent Reform Forum 2014King & Wood Mallesons
David Rose and Axel Walz spoke at the Managing Intellectual Property European Patent Reform Forum in Munich on 9 September 2014 on the likely role of the Court of Justice of the European Union under the new regime. They were joined on the panel by Judge Dr. Matthias Zigmann, Presiding Judge of the Munich I Regional Court.
Safe Harbor is a framework that allows the transfer of personal data from the EU to the US in compliance with EU data privacy laws. It provides a bridge between differing US and EU privacy approaches through voluntary self-certification to its principles by organizations doing business between the regions. The principles address issues like notice, choice, security and enforcement to protect EU citizens' privacy rights when their data is transferred to the less restrictive US context. While initially controversial, Safe Harbor has helped enable transatlantic data flows for many companies over the past 15 years.
The EUTR originated as part of the 2003 EU Forest Law Enforcement Governance and Trade Action Plan to address timber illegally sourced for EU import. While the plan included Voluntary Partnership Agreements with timber-exporting countries, additional legislation was seen as necessary to close remaining loopholes. The EUTR took effect in 2013, requiring "due diligence" systems to minimize the risk of illegal timber and one-level traceability between suppliers and customers. The regulation defines legal timber by the laws of the harvesting country and aims to complement VPAs by stimulating negotiations.
This document summarizes a presentation on EU state aid challenges relating to taxation. It introduces EU state aid rules and explains that tax arrangements can constitute illegal state aid if they confer a selective advantage through practices like transfer pricing rulings that endorse artificial profits. Recent investigations by the European Commission into such tax rulings granted by member states to certain companies are discussed. The document considers arguments for and against these investigations and explores implications and opportunities and risks for businesses in light of the Commission's actions.
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
2015 Internet and ECommerce Law ReviewGraham Smith
The document summarizes key developments in internet and e-commerce law from 2015, including the implementation of the Consumer Rights Act which established new rights and remedies for digital content. It discusses format shifting and personal copies for private use, online intermediary liability regarding site blocking injunctions, cross-border copyright jurisdiction, and the continuing issues around RIPA, DRIPA, and the proposed Investigatory Powers Bill regarding bulk data interception and communications retention. It concludes by looking forward to developments in 2016 regarding copyright, online regulation, and the EU Digital Single Market review.
2013-09-26 Pharmacovigilance and transparencyWouter Pors
This document discusses transparency regulations as they relate to pharmacovigilance. It outlines the EU Transparency Regulation which provides a right of access to documents from EU institutions. The EMA has its own transparency policy applying these rules. Case law is developing around balancing transparency with protecting confidential information. The AbbVie v EMA case suspended disclosure of clinical reports pending a decision on protecting confidential industry information. Overall, the law around pharmacovigilance and transparency is evolving as more information becomes available to the public.
Delfi AS, an online news portal in Estonia, published an article about a company destroying an ice road. The article attracted 185 comments, about 20 of which contained threats and offensive language directed at the company's board member. Over a month later, the board member requested the comments be removed and sought damages for reputational harm. This raised the issue of whether Delfi, as the online platform, or the individual users who posted the comments could be held liable. The case implicates the liability of internet intermediaries under the EU E-Commerce Directive and raises debates around balancing freedom of expression online and limiting hate speech.
The document discusses the upcoming EU elections from May 22-25, 2014 and calls on voters to support digital rights and related issues. It notes that the European Parliament now has more power due to the Lisbon Treaty and takes decisions on civil rights issues like data protection, net neutrality, and mass surveillance. It proposes a 10-point Charter of Digital Rights for candidates to support, including issues like privacy, internet access, copyright reform, and restrictions on blanket surveillance. It encourages readers to help spread information about digital rights candidates and issues before the EU elections.
This document summarizes the regulatory framework for licensing and access to online music and audiovisual content across borders in the EU. It finds that the framework is complex and depends on the subject matter. For music, territorial exploitation is addressed by intermediaries like collective management organizations (CMOs). For audiovisual, exclusive territorial licenses are used. Both competition law and legislation aim to address territorial restrictions by CMOs. Recent regulations also aim to facilitate cross-border access and portability, though true cross-border access is not fully addressed. Overall, the interplay between ex ante regulation and ex post competition law aims to balance copyright protections with ensuring access across borders.
This document discusses EU freedoms and relevant case law. The four EU freedoms are freedom of establishment, free movement of capital, freedom to provide services, and free movement of workers. EU law can limit these freedoms if justified for reasons like tax avoidance, but any limitations must be proportionate. The document also discusses tensions between EU policy of reducing barriers to cross-border business and UK policy focused on maximizing tax revenue. A case study examines potential issues with a UK-established discretionary trust owning a company in Malta conducting business. State aid rules prohibit member states from granting aid that distorts competition; the document briefly discusses tax rulings cases against Fiat and Starbucks.
Presentation by Wojciech Hartung, Poland, on the functioning of legal protection measures in EU countries, at the SIGMA webinar on public procurement reality and challenges of post COVID, held on 26 January 2021.
The document discusses the role and application of European Union law by the Unified Patent Court (UPC). Key points include:
- The UPC will apply EU law first in its entirety and respect its primacy over other laws. It must cooperate with the Court of Justice of the EU (CJEU) and refer questions to ensure correct application of EU law.
- The UPC will apply substantive laws in the following order: EU law, UPC Agreement, European Patent Convention, international agreements, and national laws of contracting states.
- The UPC judgments will be recognized in EU member states under the Brussels I Regulation. However, recognition can be refused if manifestly contrary to public policy.
- The
The Eu Dimension In Intellectual Capital – Treaties And The Acquis CommunautaireBirsemin Jurgens
The document discusses the EU acquis communautaire and its relevance to intellectual capital. It provides definitions of key EU legal concepts and structures, including the treaties, secondary legislation, and legal instruments. The document outlines Turkey's progress in opening acquis chapters for accession negotiations. It then analyzes whether the acquis contains any legislation specifically about intellectual capital or human capital by searching official EU databases and finding few explicit references. It concludes the acquis does not have a coherent position on either concept on its own.
Este documento estabelece o Plano Diretor Participativo do município de Canelinha, Santa Catarina, definindo suas diretrizes gerais, objetivos, instrumentos e zoneamento do território municipal. O plano divide o município em macrozonas e zonas, e estabelece áreas de especial interesse social, ambiental e outras, definindo parâmetros de uso do solo para cada uma.
The document discusses fees. It likely contains information about various fees, costs, pricing or rates. However, with only the single word "FEES" provided and no other context or details, it is difficult to provide a more informative summary while staying within the 3 sentence limit.
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS I...Dr. Oliver Massmann
VIETNAM – THE NATIONAL ASSEMBLY INCORPORATED DUANE MORRIS’S RECOMMENDATIONS INTO VIETNAM’S FIRST EVER LAW ON INVESTMENT IN THE FORM OF PUBLIC-PRIVATE PARTNERSHIP (PPP)
The text assesses the existence and availability of the information listed in VPA about legal frameworks and procedures or forest activities:
-It finds that there are difficulties in the interpretation of complex information and dissemination depends on the authority’s discretion.
-EU will support the implementation of VPA by and activating civil society to demand and use data. In Ghana, the EU will work to establish a formal agreement on which documents should be routinely published.
-Ghana: no binding obligation to publish data routinely. Legal documents are available, but mostly after written request.
-Cameroon: commits the parties to publish information on specific items. There is missing implementing regulation and key information on logging permits. Almost no data on production, plans, exports, social agreements, etc
-Liberia: Legal documents available, but missing information on private use permits, production, and law enforcement.
The document discusses the European Union's Digital Agenda, which aims to promote smart, sustainable, and inclusive growth through information and communication technologies (ICT). The Digital Agenda contains 100 actions across 7 areas to achieve these goals for citizens, employees, consumers, and other groups. Nanoelectronics is indirectly addressed as a key enabling technology and directly through ICT research funding and strategic agenda setting. Related initiatives like the Innovation Union and industrial policy also aim to support technologies like nanoelectronics. The speaker seeks input on ensuring the success of programs like Joint Technology Initiatives beyond 2013.
US – EU Safe Harbor for Cross-Border DataMark Aldrich
This document summarizes recent developments regarding the US-EU Safe Harbor framework for cross-border data transfers. It provides background on the Safe Harbor and outlines key events that have challenged its validity, including European court cases and actions by data protection authorities. These developments include a pending case before the European Court of Justice to determine the validity of Safe Harbor given revelations about US government surveillance programs. Several data protection authorities have also initiated enforcement actions against US companies that self-certified under Safe Harbor.
How to overcome the challenges facing the European IPR system?ndbaf03
The fragmentation, high costs and uncertainty in the European Patent System could explain some of the difficulties that Europe has in moving towards a more knowledge-intensive economy in order to create jobs and economic growth
David Rose & Axel Walz Presentation at MIP European Patent Reform Forum 2014King & Wood Mallesons
David Rose and Axel Walz spoke at the Managing Intellectual Property European Patent Reform Forum in Munich on 9 September 2014 on the likely role of the Court of Justice of the European Union under the new regime. They were joined on the panel by Judge Dr. Matthias Zigmann, Presiding Judge of the Munich I Regional Court.
Safe Harbor is a framework that allows the transfer of personal data from the EU to the US in compliance with EU data privacy laws. It provides a bridge between differing US and EU privacy approaches through voluntary self-certification to its principles by organizations doing business between the regions. The principles address issues like notice, choice, security and enforcement to protect EU citizens' privacy rights when their data is transferred to the less restrictive US context. While initially controversial, Safe Harbor has helped enable transatlantic data flows for many companies over the past 15 years.
The EUTR originated as part of the 2003 EU Forest Law Enforcement Governance and Trade Action Plan to address timber illegally sourced for EU import. While the plan included Voluntary Partnership Agreements with timber-exporting countries, additional legislation was seen as necessary to close remaining loopholes. The EUTR took effect in 2013, requiring "due diligence" systems to minimize the risk of illegal timber and one-level traceability between suppliers and customers. The regulation defines legal timber by the laws of the harvesting country and aims to complement VPAs by stimulating negotiations.
This document summarizes a presentation on EU state aid challenges relating to taxation. It introduces EU state aid rules and explains that tax arrangements can constitute illegal state aid if they confer a selective advantage through practices like transfer pricing rulings that endorse artificial profits. Recent investigations by the European Commission into such tax rulings granted by member states to certain companies are discussed. The document considers arguments for and against these investigations and explores implications and opportunities and risks for businesses in light of the Commission's actions.
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
2015 Internet and ECommerce Law ReviewGraham Smith
The document summarizes key developments in internet and e-commerce law from 2015, including the implementation of the Consumer Rights Act which established new rights and remedies for digital content. It discusses format shifting and personal copies for private use, online intermediary liability regarding site blocking injunctions, cross-border copyright jurisdiction, and the continuing issues around RIPA, DRIPA, and the proposed Investigatory Powers Bill regarding bulk data interception and communications retention. It concludes by looking forward to developments in 2016 regarding copyright, online regulation, and the EU Digital Single Market review.
2013-09-26 Pharmacovigilance and transparencyWouter Pors
This document discusses transparency regulations as they relate to pharmacovigilance. It outlines the EU Transparency Regulation which provides a right of access to documents from EU institutions. The EMA has its own transparency policy applying these rules. Case law is developing around balancing transparency with protecting confidential information. The AbbVie v EMA case suspended disclosure of clinical reports pending a decision on protecting confidential industry information. Overall, the law around pharmacovigilance and transparency is evolving as more information becomes available to the public.
Delfi AS, an online news portal in Estonia, published an article about a company destroying an ice road. The article attracted 185 comments, about 20 of which contained threats and offensive language directed at the company's board member. Over a month later, the board member requested the comments be removed and sought damages for reputational harm. This raised the issue of whether Delfi, as the online platform, or the individual users who posted the comments could be held liable. The case implicates the liability of internet intermediaries under the EU E-Commerce Directive and raises debates around balancing freedom of expression online and limiting hate speech.
The document discusses the upcoming EU elections from May 22-25, 2014 and calls on voters to support digital rights and related issues. It notes that the European Parliament now has more power due to the Lisbon Treaty and takes decisions on civil rights issues like data protection, net neutrality, and mass surveillance. It proposes a 10-point Charter of Digital Rights for candidates to support, including issues like privacy, internet access, copyright reform, and restrictions on blanket surveillance. It encourages readers to help spread information about digital rights candidates and issues before the EU elections.
This document summarizes the regulatory framework for licensing and access to online music and audiovisual content across borders in the EU. It finds that the framework is complex and depends on the subject matter. For music, territorial exploitation is addressed by intermediaries like collective management organizations (CMOs). For audiovisual, exclusive territorial licenses are used. Both competition law and legislation aim to address territorial restrictions by CMOs. Recent regulations also aim to facilitate cross-border access and portability, though true cross-border access is not fully addressed. Overall, the interplay between ex ante regulation and ex post competition law aims to balance copyright protections with ensuring access across borders.
This document discusses EU freedoms and relevant case law. The four EU freedoms are freedom of establishment, free movement of capital, freedom to provide services, and free movement of workers. EU law can limit these freedoms if justified for reasons like tax avoidance, but any limitations must be proportionate. The document also discusses tensions between EU policy of reducing barriers to cross-border business and UK policy focused on maximizing tax revenue. A case study examines potential issues with a UK-established discretionary trust owning a company in Malta conducting business. State aid rules prohibit member states from granting aid that distorts competition; the document briefly discusses tax rulings cases against Fiat and Starbucks.
Presentation by Wojciech Hartung, Poland, on the functioning of legal protection measures in EU countries, at the SIGMA webinar on public procurement reality and challenges of post COVID, held on 26 January 2021.
The document discusses the role and application of European Union law by the Unified Patent Court (UPC). Key points include:
- The UPC will apply EU law first in its entirety and respect its primacy over other laws. It must cooperate with the Court of Justice of the EU (CJEU) and refer questions to ensure correct application of EU law.
- The UPC will apply substantive laws in the following order: EU law, UPC Agreement, European Patent Convention, international agreements, and national laws of contracting states.
- The UPC judgments will be recognized in EU member states under the Brussels I Regulation. However, recognition can be refused if manifestly contrary to public policy.
- The
The Eu Dimension In Intellectual Capital – Treaties And The Acquis CommunautaireBirsemin Jurgens
The document discusses the EU acquis communautaire and its relevance to intellectual capital. It provides definitions of key EU legal concepts and structures, including the treaties, secondary legislation, and legal instruments. The document outlines Turkey's progress in opening acquis chapters for accession negotiations. It then analyzes whether the acquis contains any legislation specifically about intellectual capital or human capital by searching official EU databases and finding few explicit references. It concludes the acquis does not have a coherent position on either concept on its own.
Este documento estabelece o Plano Diretor Participativo do município de Canelinha, Santa Catarina, definindo suas diretrizes gerais, objetivos, instrumentos e zoneamento do território municipal. O plano divide o município em macrozonas e zonas, e estabelece áreas de especial interesse social, ambiental e outras, definindo parâmetros de uso do solo para cada uma.
The document discusses fees. It likely contains information about various fees, costs, pricing or rates. However, with only the single word "FEES" provided and no other context or details, it is difficult to provide a more informative summary while staying within the 3 sentence limit.
Este documento habla sobre el Día del Idioma en Colombia. Se celebra el 23 de abril en homenaje a Miguel de Cervantes Saavedra, quien murió en esa fecha. El decreto que estableció esta celebración data de 1938 durante el gobierno de Alfonso López Pumarejo. Posteriormente, en 1963 tras un congreso de academias de la lengua española, se convirtió en ley.
YPARD aims to facilitate knowledge exchange among young professionals, provide opportunities for them to engage in strategic agricultural policy, and promote agriculture as a field to youth. Its activities include online networking, funding information, capacity building
Ramón Melendi es un cantante español de pop nacido en 1979 en Oviedo, España. De pequeño jugó al fútbol pero luego trabajó de camarero en bares, lo que le permitió conocer gente. En 2005, su canción "Caminando por la vida" se convirtió en uno de los temas más escuchados del año, extraída de su exitoso álbum "Que el cielo espere sentado". Su última canción hasta la fecha es "Lágrimas Desordenadas" lanzada en 2020, que reafirma su estilo
This document outlines the terms and conditions of a competition organized by Deezer for its users in Singapore. It details eligibility requirements, entry procedures, prize information, and the competition timeline which runs from April 23rd to May 19th. Two winners will be selected who correctly answer questions and are deemed eligible. The prizes are two pairs of movie tickets valued at 20 SGD each. Personal information of entrants will be used to administer the competition and may be used for marketing purposes if opted-in to.
El documento discute diferentes enfoques metodológicos en investigación educativa. Aborda el enfoque positivista, el cual se enfoca en teorías compuestas de proposiciones lógicas que explican y predicen conductas. También cubre el enfoque cualitativo, cuyo foco inicial es comprender las experiencias de los participantes. El documento también examina la investigación-acción y el método fenomenológico, resaltando la importancia de la participación y la descripción de experiencias vividas. Finalmente, enfatiza que los en
20131009 aon security breach legislationJos Dumortier
The document discusses recent EU legislation around security breach notification duties. It summarizes that the 2009 EU ePrivacy Directive first introduced security breach notification requirements for telecom providers and ISPs. Recent EU proposals aim to expand these duties to other sectors by 1) extending notification to data protection authorities and individuals under the 2012 General Data Protection Regulation and 2) requiring notifications for public administrations and critical infrastructure operators under the 2013 Network and Information Security Directive. The proposals seek to increase harmonization of security breach response across EU member states but questions remain around practical implementation details.
Sookman federal circuit_internet_and_copyright_bsookman
This document provides an overview of recent developments related to internet and copyright in Canada. It discusses Canada's legislative changes through the Copyright Modernization Act, including implementing protections for technological protection measures, expanding exceptions for format shifting and time shifting, and establishing safe harbors for internet service providers. It also summarizes some key Canadian judicial decisions related to copyright. The document analyzes how Canada's approaches to these issues compare to those of other countries like the United States and members of the European Union.
This document summarizes a presentation on communications privacy and the state. It discusses the UK's legal framework for state surveillance and interception, including laws like the Regulation of Investigatory Powers Act 2000. It analyzes legal challenges to state surveillance, including whether laws permit interference "in accordance with the law" as required by human rights standards. Bulk data retention by ISPs and state agencies is discussed, as well as recent cases from the CJEU and ECtHR finding certain surveillance practices violated proportionality standards. The document examines open legal issues like the need for accessible, clear laws to regulate state hacking and exploitation of devices.
Leaving the European Safe Harbor... sailing towards algorithmic content regul...LawScienceTech
Talk on 19.3.2019 at the University of Oslo on the EU's push for algorithmic content regulation related to: copyright, all forms of illegal content, and terrorist content.
The document discusses several issues related to EU information law, including:
1) Liability exemptions for intermediaries under the E-Commerce Directive and exceptions for temporary reproduction under the Copyright Directive.
2) Constitutional concerns around the proportionality and oversight of "three strikes" policies that cut off internet access for repeat copyright infringers.
3) The challenges of regulating both individuals and intermediaries as "data controllers" under the Data Protection Directive.
4) Debates around techniques like website blocking to reduce access to child abuse images and ensuring constitutional values like privacy are considered.
In Rem Injunctions: Case of Website BlockingMartin Husovec
This document discusses website blocking injunctions in the EU that allow right holders to seek injunctions against internet access providers to block access to websites hosting infringing content. While internet providers are typically not directly liable, they are seen as being in the best position technically to stop infringements. The document outlines the legal basis for these "in rem" injunctions and questions whether they improperly extend property rights without regard for the website operators' rights or potential for abuse. Industry representatives argue these injunctions can damage businesses even when intermediaries are not liable. In conclusion, the document suggests that if this new injunction paradigm is legitimate, limitations should be placed both on rights' scope and their enforcement scope.
12.NP: Anti-terrorism measures - Censoring the web, making us less secureKirsten Fiedler
The document outlines the history of anti-terrorism measures taken by the EU since 2001. It then discusses the proposed Anti-Terrorism Directive, including concerns about its vague definitions, blocking and censorship of websites, weakening of encryption standards, and criminalization of attacks on information systems. It notes debates in the EU Council and Parliament regarding these issues. In conclusion, it suggests actions citizens can take to voice their concerns about the directive's impact on privacy, security and civil liberties.
Internet and eCommerce Law Review 2018Graham Smith
This document summarizes key internet and e-commerce law developments from 2018. It discusses the new EU regulation prohibiting unjustified geo-blocking, a CJEU ruling expanding tort jurisdiction for online defamation claims, decisions on communication to the public digital copyright issues, and the status of the UK Investigatory Powers Act regulating surveillance. It concludes by looking ahead to further expected developments in 2019 regarding copyright exceptions, online intermediary liability, cross-border data flows, and data protection.
The document discusses national and international responses to cybercrime. It provides background on computer fraud statistics in the UK and Ireland. It discusses early cases of unauthorized computer access in the UK, including R v Gold & Schifreen, and how this led to the Computer Misuse Act of 1990. It then covers the Council of Europe Cybercrime Convention, which aims to harmonize cybercrime laws. Ireland has signed this convention. The document also discusses recommendations and guidelines from organizations like the OECD concerning cybersecurity policies and information sharing.
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SOMETHING TO CONSIDER
1. Access Blocking in
Europe
An analysis of C-314/12 (UPC)
Banji Adenusi
Seminar Presentation on Contemporary Problems in IT/IP Law
Leibniz University Hannover, Germany
12 November 2015
2. The end justifies the means; but the
preservation of the freedom of access to
information remains sacrosanct.
To achieve that, establishing a harmonized EU-
wide test of proportionality for access blocking
becomes paramount.
3. Ø Access blocking in context
Ø A European overview
Ø UPC Telekabel
Ø Assessment
Ø Conclusion
Ø Bibliography
Outline
5. Geo-blocking ≠ access blocking
q Specie of Digital Rights
Management;1
q Reliant on geo-location of users;
q Access limitation to lawful content;
q Withholding of territorial license;
q Frowned upon by EU Parliament.2
6. Access blocking = content censorship
Access Blocking
IP
Blocking
DNS
Blocking
URL
Blocking
Configuration changes
to DNS server to block a
domain, e.g.
www.ab.example.com.
Combination of IP
& DNS blocks
using Deep Packet
Inspection or
proxy. Costly.
Data packet blocks
of IP destination
addresses. Risk of
over-blocking.
Blocking measures can however be easily circumvented using proxies, VPN, etc.
7. ‘404 Google’ by Els Aerts. http://www.agconsult.com/sites/default/files/blog/2011/02/404-google.gif
10. United Kingdom
q Twentieth Century Fox Film Corporation
and others v Sky UK Limited & ors [2015]
EWHC 1082 (Ch) – PopcornTime access
block.
q EMI Records Ltd and others v British Sky
Broadcasting Ltd and others [2013] EWHC
379 (Ch) – KAT access block.
q Twentieth Century Fox Film Corporation
and others v British Telecommunications
Plc [2011] EWHC 1981 (Ch) – Newzbin
block.
11. q Corte di Cassazione [Supreme Court],
Third Criminal Section, The Pirate Bay,
49437/09, September 29, 2009 – The
Pirate Bay block.
q Tribunale di Milano [Tribunal of Milan],
Criminal, Lega Calcio, July 19, 2013 –
Rojadirecta domain names access block.
q Tribunale di Milano [Tribunal of Milan],
Criminal, Mondadori, November 22,
2012 -- Avaxhome.ws block.
Italy
12. q EMI Records (Ireland) Limited & ors v
UPC Communications Ireland Limited &
ors [2013] IEHC 274 -- access blocking
allowed under Irish law against The
Pirate Bay.
q EMI Records (Ireland) Limited & ors v
UPC Communications Ireland Limited
[2010] IEHC 377 -- access blocking not
available under Irish law.
q EMI (Ireland) Limited v Eircom Plc
[2009] IEHC 411 -- access blocking
allowed against The Pirate Bay.
Ireland
13. q La Societe Civile des Producteurs
Phonographiques (SCPP) v. Orange & ors
[2014] Case No 14/03236, TGI Paris -- ISPs to
implement all necessary measures to block
access to The Pirate Bay and mirrors.
q APC et al v. Google et al [2013] Case No
11/60013, TGI Paris -- injunctions against ISPs
and search engines to block access and
referencing to Allostreaming.
q Syndicat National des Producteurs de Music
(SNEP) v. Google France [2012]
ECLI:FR:CCASS:2012:C100832 – Google to
block all autosuggestion and referencing to
torrent sites.
France
14. q ZIGGO B.V & XS4ALL INTERNET B.V., v
B R E I N F o u n d a t i o n [ 2 014 ]
ECLI:NL:GHDHA:2014:88 -- Court of
Appeal ruling overturned a blocking
injunction against the appellants on
the ground that the blocking measures
for The Pirate Bay were ineffective and
disproportionate.
Netherlands
15. UPC Telekabel Wien GmbH
v
1. Constantin Film Verleih GmbH
2. Wega Filmproduktionsgesellschaft GmbH
CJEU Case C-314/12 [2014]
The legal obligation of an internet service provider (ISP)
whose services allowed its customers access to a website
infringing copyrighted films
16. Facts
Website in question enabled the download or
streaming of copyrighted films, without the
consent of the film companies by customers
of UPC.
Rightholders’ request to block access to the
website was declined by UPC.
Rightholders’ sought an outcome prohibition
(Erfolgsverbot) injunction against UPC on the
basis of Article 81(1)a of the Austrian
Urheberrechtsgesetz (Copyright Act).
17. May
2011
October
2011
UPC prohibited by court order from
providing its customers access to the site
by adopting specific blocking measures.
Decision partly reversed on appeal. UPC
to adopt all reasonable measures to
prevent access. Reasonableness of
measure to be considered in a separate
‘enforcement process’.
Facts
Further appeal to the Austrian Supreme
Court, and a referral to the CJEU.
18. Core Issues
1. Absence of contractual or business
relationship with the infringing
website: thus UPC ≠ an intermediary.
2. Access blocking measures costly and
easily circumvented.
3. Threat of liability for failure to
implement all reasonable measures to
end the infringement.
4. Guidelines for establishing
proportionality
19. OutcomeProhibition
Section 81
A person who has suffered an infringement
of any exclusive rights…,or who fears such
an infringement, shall be entitled to bring
proceedings for a restraining injunction.
Section 81(a)
If the person who has committed such an
infringement, or by whom there is a danger
of such an infringement being committed,
uses the services of an intermediary for that
purpose, the intermediary shall also be
liable to an injunction under subparagraph
(1).
20. EU legalframework for
intermediaries
8(3) Directive 2001/29/EC
Member States shall ensure that rightholders
are in a position to apply for an injunction
against intermediaries whose services are
used by a third party to infringe a copyright
or related right.
15 Directive 2000/31/EC
Member States shall not impose a general
obligation on providers…to monitor the
information which they transmit or store, nor
a general obligation actively to seek facts or
circumstances indicating illegal activity.
21. Article 3 ofDirective2004/48/EC
1. Member States shall provide for the
measures, procedures and remedies
necessary to ensure the enforcement of the
intellectual property rights… Those measures,
procedures and remedies shall be fair and
equitable, and shall not be unnecessarily
complicated or costly, or entail unreasonable
time-limits or unwarranted delays.
2. Those measures, procedures and remedies
shall also be effective, proportionate and
dissuasive and shall be applied in such a
manner as to avoid the creation of barriers to
legitimate trade and to provide for safeguards
against their abuse.
22. CJEU Decision
1. An intermediary includes ‘any person
who carries a third party’s infringement
of a protected work or other subject-
matter in a network’ (para 30).
2. Existence of a contractual relationship is
irrelevant for establishing an ISP as an
intermediary (para 35).
3. ISP is an inevitable actor in any
transmission on the Internet (para 32).
Interpretation of
an Intermediary
under Article 8(3)
of 2001/29/EC
(para 23)
23. 1. Balancing of fundamental rights
– protection of copyright
– freedom to conduct business
– freedom of information
(para 46).
2. Outcome prohibition does not infringe
the very substance of the freedom to
conduct a business (paras 50-51).
Compatibility of
o u t c o m e
prohibitions with
f u n d a m e n t a l
rights (para 42).
CJEU Decision
24. 3. Inherent freedom of the ISP to adopt
those measures that are reasonable
without making unbearable sacrifices
(para 52).
4. Flexibility of the injunction allows an ISP
to avoid liability by proving that
reasonable measures were taken (para
53).
CJEU Decision
Compatibility of
o u t c o m e
prohibitions with
f u n d a m e n t a l
rights (para 42).
25. 5. Measures must be targeted without
depriving internet users of the right to
lawful information (para 56).
6. Possibility for the users to assert their
rights once the implementing measures
are known (para 57).
Compatibility of
o u t c o m e
prohibitions with
f u n d a m e n t a l
rights (para 42).
CJEU Decision
27. ‘injunction issued in general
terms and without specific
measures to be taken by the ISP
is incompatible with the
necessary balance required
under Art. 8(3) of 2001/29/EC.3
– Advocate General
shifts the burden of proof from
the right holders to the service
provider;4
Measures may be discretionary
& disproportionate.6
No clear guidance for
intermediaries;5
28. Restriction of
f r e e d o m o f
expression
‘ P r i v a t i z e d
censorship’7
Restriction of
fr eedom of
access to lawful
information
Impugning the
concept of fair
hearing
29. C o s t &
effectiveness
approach9
significant negative
economic impact of an
infringement = similar
access block
greater cost and constraint
to ISP and users = losses
were significant
Qualitative &
q u a n t i t a t i v e
assessment8
• intensity of the risk
• associated expenses
• de minimis consideration
• interest of the respective
parties
• commercial advantage to
the ISP
Developing a
proportionality
test
30. Freedom of information impact
assessment
• Public interest criterion
• Harm to access to information
• Alternative measures
• Financial cost
Developing a
proportionality
test
31. 1. Access blocking is a viable measure for
ending copyright infringement.
2. Specificity or otherwise of the measure
is irrelevant.
3. Safeguards for abuse.
4. Freedom of access to information.
5. E U - w i d e h a r m o n i z a t i o n o f
proportionality.
Conclusion
32. 1 T, Kra-Oz, ‘Geoblocking and the legality of circumvention’, [2014], pp. 2-4,
http://dx.doi.org/10.2139/ssrn.2548026 (accessed 09/11/15).
2 European Parliament, Resolution of 9 July 2015 on Harmonisation of certain
aspects of copyright and related rights, paras 8, 9 & 14
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+TA
+P8-TA-2015-0273+0+DOC+PDF+V0//EN (accessed 09/11/15).
3 Opinion of Advocate General, CJEU Case 314/12, UPC Telekabel Wien GmbH v
Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft GmbH
[2013], para 34
h t t p : / / c u r i a . e u r o p a . e u / j u r i s / d o c u m e n t / d o c u m e n t . j s f ?
t e x t = & d o c i d = 14 4 9 4 4 & p a g e I n d e x = 0 & d o c l a n g = E N & m o d e = l
st&dir=&occ=first&part=1&cid=822510 (accessed 09/11/15).
Bibliography
33. 4 M, Husovec, ‘CJEU allowed website-blocking injunctions with some
reservations’ [2014] Journal of Intellectual Property Law & Practice, Vol 9,
Issue 8, pp. 631 at 633
http://jiplp.oxfordjournals.org/content/early/2014/06/19/
jiplp.jpu101.full.pdf+html (accessed 09/11/15).
5 F. F., Wang, ‘Site-blocking Orders in the EU: Justifications and
Feasibility’ [2014], pp 8
h t t p s : / / w w w . l a w . b e r k e l e y . e d u / fi l e s /
Wang_Faye_Fangfei_IPSC_paper_2014.pdf (accessed 09/11/15).
34. 6 C, Angeloupoulous, ‘Are blocking injunctions against ISPs allowed in
Europe? Copyright Enforcement in the Post-Telekabel EU legal
landscape.’ [2014] Journal of Intellectual Property Law & Practice, Vol 9,
Issue 10, pp 812 at 817
http://jiplp.oxfordjournals.org/content/early/2014/08/12/
jiplp.jpu136.full.pdf+html (accessed 09/11/15).
7 L, Edwards & C, Waelde, 'Law and the Internet' (3rd ed. Hart Publishing
2009) pp. 628.
35. 8 J.B, Nordemann, ‘Internet Copyright Infringement: Remedies Against
Intermediaries - The European Perspective On Host And Access
Providers’ [2012] Journal of the Copyright Society of the USA, Vol 59, Issue
4, pp 773 at 787 & 795.
9 P, Savola, ‘Proportionality of Website Blocking: Internet Connectivity
Providers as Copyright Enforcers’ [2014] JIPITEC, Vol 5, Issue 2, pp. 116 at
126
http://www.jipitec.eu/issues/jipitec-5-2-2014/4000/savola.pdf (accessed
09/11/15).