The Dutch Supreme Court recently delivered its ruling in the GeenStijl/Sanoma case with two important decisions: regarding copyright and freedom of speech as equal fundamental rights that should be weighed against each other, and referring some preliminary questions to the European Court of Justice, and the answers may have a major impact on the internet landscape.
The decision is available here.
The Brussels Court of Appeal held that the word ‘ius’ (a Latin for ‘law’) is descriptive for legal services and cannot be registered as a trade mark in the case regarding Mr De Smet’s application at the Benelux Office of Intellectual Property (BOIP) for the word ‘ius’ to be registered as a Benelux word mark in class 35 (advertising services) and 42 (scientific and technological services).
European Digital Rights (EDRi) sent a letter to European Commission First Vice-President Frans Timmermans, asking the European Commission to investigate the data retention laws in EU Member States which appear to be illegal in light of the Court of Justice of the European Union (CJEU) ruling on this issue from 8 April last year.
The high court has quashed regulations introduced by the government to allow members of the public to lawfully copy CDs and other copyright material bought for their own private use. The move follows a judge’s recent ruling that the government was legally incorrect in deciding not to introduce a compensation scheme for songwriters, musicians and other rights holders who faced losses as a result of their copyright being infringed.
The new court ruling overturns the Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 and affects CDs, MP3s, DVDs, Blu-rays and e-books. Consumers can not technically copy a CD they own and use one version in the car and another at home.
Following two actions for annulment brought independently, the Belgian Constitutional Court ruled yesterday against the mass collection of communications metadata. This ruling falls in line with a recent ruling from the Court of Justice of the European Union (CJEU) invalidating the directive behind Belgian law.