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Article

Herbert Smith Freehills LLP | European Union | 13 Sep 2016

Hyperlinking to material on the internet - CJEU expands on the circumstances when it may amount to copyright infringement

In a further key decision on hyperlinking and copyright, the CJEU has held that creating hyperlinks may be a communication to the public and so may

Article

Herbert Smith Freehills LLP | European Union | 29 Jun 2015

A pause in private copying?

The Personal Copies for Private Use exception to copyright infringement came into force in October 2014 to permit copying of lawfully acquired

Article

Herbert Smith Freehills LLP | European Union | 5 Mar 2015

Accessibility (not targeting) is the key to jurisdiction for copyright infringement - copyright owners can sue in their own jurisdiction if the online infringement is accessible there even if there are no sales - CJEU ruling in Pez Hejduk

The Court of Justice of the European Union (CJEU) has confirmed there is flexibility in the choice of forum for copyright infringement in the EU by

Article

Herbert Smith Freehills LLP | Belgium, European Union | 5 Sep 2014

The CJEU defines parody

The Central Court of the European Union (CJEU) has confirmed that parody is an autonomous concept of EU law that it is to be interpreted uniformly

Article

Herbert Smith Freehills LLP | United Kingdom | 3 Apr 2014

New and amended exceptions to copyright infringement

On 27 March, the Government laid 5 regulations before Parliament to amend the exceptions to copyright under the Copyright Designs and Patents Act

Article

Herbert Smith Freehills LLP | European Union | 17 May 2012

Copyright infringement in computer software: access to the code is the key

The CJEU has recently delivered its decision in C-40610 SAS Institute v World Programming Ltd, answering questions posed by the English court on the extent to which computer software is protected by copyright under the Software Directive, in particular in relation to functionality and the extent of rights under a licence to use.

Article

Herbert Smith Freehills LLP | United Kingdom | 2 Mar 2010

Court of Appeal upholds decision in favour of Hotel Cipriani Venice over use of the "Cipriani" trade mark

The Court of Appeal has upheld the decision of Mr Justice Arnold on all grounds in Hotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd.

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