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Advocate General says Article 17 DSM-Directive is in line with EU fundamental rights
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After a postponement of several months, Advocate General Saugmandsgaard Øe has now given his Opinion in the Polish annulment proceedings regarding Art. 17 EU Copyright in the Digital ...

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EU commission finally publishes Guidance on Article 17 DSM Copyright Directive
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The EU Commission has published its long-awaited Guidance on the interpretation of Art. 17 DSM Copyright Directive. The Guidance attempts to strike a balance between the interests of rights ...

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All clear, but too late? CJEU rules on online platform liability for copyrighted content (pre-DSM)
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The CJEU has rendered its long-awaited decision on the liability of online platforms for copyright infringements. The Court provides valuable guidance on several aspects of online liability ...

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The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single ...

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EU Copyright Directive: Further clarity on Art. 17 at EU level but also national concerns

While further clarity on the Copyright in the Digital Single Market Directive (“DSM Directive”) can be expected at the European level in the next week with the guidelines of the ...

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Principle of equality of arms in ex-parte preliminary injunctions and the Enforcement Directive: Germany.

Does the German Federal Constitutional Court's case law on equality of arms in preliminary injunction proceedings also apply in the field of the Enforcement Directive? What are the...

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The right to free speech and unfair competition law claims in Germany

Under what conditions can untrue or business-damaging statements be stopped? What role do preliminary injunctions play in this context? Morten Petersenn and Nils Peters answer these...

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CJEU: Notion of ‘address’ in IP Enforcement Directive only refers to infringer's postal address
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The CJEU ruled on 9 July 2019 (Case C-264/19) that the notion of 'address' in Article 8 (2) Enforcement-Directive only refers to the infringer's postal address. The member...

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Germany: Principle of equality of arms confirmed in ex-parte preliminary injunction proceedings
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In its decision of 3 June 2020, the German Federal Constitutional Court once again confirmed and strengthened the principle of equality of arms in ex-parte preliminary injunction...

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