JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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Timo Rosenkranz, Open Contents – Eine Untersuchung der Rechtsfragen beim Einsatz „freier“ Urheberrechtslizenzmodelle
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Die Auswirkungen der E-Commerce-Regelungen der EU-Richtlinie über Verbraucherrechte auf das BGB
Get PDFThis article investigates the effect
of the Consumer Rights Directive 2011/83/EU on the
German BGB. Special emphasis is placed on e-com-
merce-relevant legislation. The article is based on the
argument that European law requires the German
legislator, when it transposes Directives intended to
create rights for individuals into the BGB, to do so inbest conformity with the BGB’s current system. It
therefore browses through the BGB’s relevant norms
and investigates how such a transposition may be
achieved. It will conclude that such a transposition is
possible, but that the German legislator should de-
vote more time to investigate how such transposi-
tion shall be acquired
Walking a Thin Line: The Regulation of EPGs
Get PDFThe digitisation of television broadcasting has facilitated an exponential growth both in the number and the diversity of programs and channels. Electronic Programme Guides (EPGs) help consumers find their way in this abundance of offerings.EPGs serve as a classical listing magazine or broadcasting guide with extensive information on television programs; like VCRs, they enable the recording of programs; as search engines, they allow users to look for content on the basis of a keyword; and finally, EPGs list the most favoured programs on the first page, either on the basis of popularity, the personal profile of the consumer or on the basis of agreements with particular broadcasting agencies. This article assesses how various European countries approach the regulation of EPGs and determines whether and how they try to reaffirm guarantees for diversity and pluralism in the digital television environment
Domain Name Transfer before Slovak and Czech Courts
Get PDFIn Europe, a disagreement persists in the courts about the possibility of plaintiffs to request a domain name transfer in domain name disputes. In the last ten years, Slovak and Czech courts also produced some jurisprudence on this issue. Interestingly, the BGH’s influential opinion in the shell.de decision, which denied domain name transfer as an available remedy under German law back in 2002, wasn’t initially followed. To the contrary, several Slovak and Czech decisions of lower courts allowed a domain name transfer using two different legal bases. This seemingly settled case law was rejected a few months ago by the globtour.cz decision of the Czech Supreme Court, which refused domain name transfers for the time bein
Along the Road to Uniformity - Diverse Readings of the Court of Justice Judgments on Copyright Work
Get PDFEU law’s impact on the meaning of the copyright work for a long time seemed limited to software and databases. But recent judgments of the CJEU (Infopaq, BSA, FootballAssociation [Murphy], Painer) suggest we have entered an era of harmonization of copyright subject-matter, after decades of focus on the scope of exclusive rights and their duration. Unlike before however, it is the Court and not the legislator that takes centre stage in shaping pivotal concepts. This article reviews the different readings and criticisms the recent case law on copyright works evokes in legal doctrine across the EU. It puts them in the wider perspective of the on-goingdevelopment towards uniform law and the role of the preliminary reference procedure in that process
Copyright, Interfaces, and a Possible Atlantic Divide
Get PDFRecent copyright cases on both sides of the Atlantic focused on important interoperability issues. While the decision by the Court of Justice of the European Union in SAS Institute, Inc.v. World Programming Ltd. assessed data formats under the EU Software Directive, the ruling by the Northern District of California Court in Oracle America, Inc. v. Google Inc. dealt with application programming interfaces. The European decision is rightly celebrated as a further important step in the promotion of interoperability in the EU. This article argues that, despite appreciable signs of convergence across the Atlantic, the assessment of application programming interfaces under EU law could still turn out to be quite different, and arguably much less pro-interoperability, than under U.S. law
International Jurisdiction in Intellectual Property Disputes
Get PDFThe recent controversy between two tech giants, Apple and Samsung, illustrates the practical limitations of multi-state IP litigation: the territorial nature of IP rights virtually means that most of the complex IP disputes have to be adjudicated before the courts of every state for which protection is sought. In order to streamline the adjudication of multi-state disputes, a number of legislative proposals have been prepared (including the ALI Principles, CLIP Principles, Japanese Transparency Proposal, Waseda Proposal and the Korean KOPILA Principles). These proposals contain detailed provisions concerning matters of international jurisdiction, choice of law and recognition and enforcement in IP cases. Moreover, these legislativeproposals in one way or another were drafted with
a vision to facilitate cooperation between the courts and thus make the adjudication more efficient. However, the actual practices of national courts remain different; moreover, the approaches adopted in the legislative proposals also vary. This paper provides for a comparative study of the abovementioned legislative proposals insofar as matters concerning the competence of courts to adjudicate cross-border IP disputes is concerned. In particular, this paper touches upon the following matters: personal/in personam jurisdiction, jurisdiction to grant provisional or protective measures, jurisdiction in IP-related contract disputes, choice of court agreements, multiple defendants and coordination of parallel proceedings