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Deriş Patents and Trademarks Agency | Turkey | 1 Apr 2019

Mandatory mediation in IP disputes

The Istanbul IP Court recently dismissed a copyright infringement action involving a compensation claim on the grounds that the plaintiff had not fulfilled the procedural requirement to apply for meditation before filing the court action. The court's decision was based on Law 7155, which requires the implementation of a mediation procedure before instituting a court action. This article......
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Walder Wyss Ltd | Switzerland | 8 Mar 2019

Illegal streaming: internet access providers not liable for third-party platforms

The Federal Supreme Court recently ruled that internet access providers are not liable for third-party websites and portals that make movies available for illegal downloading or streaming. Further, internet access providers are not obliged to monitor or block access to such websites and portals.
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Westerberg & Partners Advokatbyrå Ab | Sweden | 11 Feb 2019

Calculating copyright infringement damages using hypothetical licence fees

The Supreme Court recently rejected the application of a hypothetical licence fee to calculate reasonable compensation for massive copyright infringement through the operation of an illegal streaming site. This decision raises several interesting questions, including to what extent an infringer's illegal business model should be taken into account when calculating reasonable compensation.
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Westerberg & Partners Advokatbyrå Ab | Sweden | 24 Dec 2018

No infringement where software backups are passively stored

The Supreme Court recently declared that the mere passive storage of backups of copyrighted software with expired licences does not constitute copyright infringement. The judgment is significant as it clarifies which actions constitute copyright infringement and, from a practical perspective, relieves licensees from having to mine their backup servers in pursuit of potential 'sleeper'......
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Grau & Angulo | Spain | 26 Nov 2018

Teleshopping ads found to infringe copyright

In a recent case, Barcelona Commercial Court Number 2 declared that teleshopping ads broadcast by the defendant had infringed the copyright in similar ads created by the plaintiffs. This was an unusual case, as the claim relied on proving the statutory required level of originality for a creation to be copyrightable and the plagiarism of the pre-existing works in a particularly active sector.
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Grau & Angulo | Spain | 19 Nov 2018

Ministry of Culture and Sports fines website owner €375,000 for copyright infringement

The Ministry of Culture and Sports recently fined a website owner under the Consolidated Text of the IP Act for allowing users to download various copyrighted content from Spain. Although several similar websites had been taken down prior to this case, this was the first time that an economic fine of this magnitude was imposed. The main reason for this was that the administrative infringement......
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KISCH IP | South Africa | 5 Nov 2018

Is graffiti protected by copyright?

Graffiti is generally no longer considered to be a work of vandalism or an act of destruction of public property. Instead, it has become a marketable commodity, with some fashion labels and major corporations even using it in their advertising campaigns. However, graffiti's legal status as art has not been established, which begs the question of whether it can be protected by copyright and......
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Westerberg & Partners Advokatbyrå Ab | Sweden | 22 Oct 2018

Patent and Market Court rules on global retransmissions of TV broadcasts

On the ever-growing market for streaming services and online access to TV broadcasts, illegal services are common and sometimes difficult to shut down due to their technical complexity and the multi-jurisdictional scope of the infringing activities. The Patent and Market Court recently held three persons liable for global retransmissions of TV broadcasts, sentencing them to prison and......
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Smart & Biggar | Canada | 22 Oct 2018

USMCA versus NAFTA: what's changed and what it means for intellectual property in Canada

After more than one year of negotiations, Canada recently reached a new free trade agreement with Mexico and the United States. Among other things, the US-Mexico-Canada Agreement has updated the North American Free Trade Agreement's IP chapter in order to modify the landscape for pharmaceuticals and for patent, copyright and trademark owners. While Canada is already compliant with many of the......
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Becerril Coca & Becerril SC | Mexico | 25 Jun 2018

Right to free speech versus online copyright protection: are radical measures needed?

The Supreme Court of Justice recently considered the legal relationship and boundaries between the right to free speech and the enforcement of copyright on the Internet and established four non-obligatory criteria which reflect that the Internet is a fundamental instrument for exercising free speech. Ultimately, excluding in exceptional situations, general restrictions on a website's......
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