NDLI: “Amazon” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 5(2)(b) – Amazon.com International Sales Inc. et al. v. Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft mbH

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Comments of the Max Planck Institute for Intellectual Property and Competition Law, Munich of 29 April 2013 on the Green Paper of the European Commission on Unfair Trading Practices in the Business-to-Business Food and Non-Food Supply Chain in Europe Dated 31 January 2013, Com(2013) 37 Final

“Route Planner” (Routenplanung) : Patent Act, Secs. 112(2), 117 first sentence; Code of Civil Procedure, Sec. 529(2) second sentence

“Prior User Right” : Code of Industrial Property, Art. 68(3) – Fidia Farmaceutici S.p.A. v. Chemi S.p.A

“Bowman v. Monsanto” : Patent Act, 35 U.S.C. §154(a)(1); Plant Variety Protection Act, 7 U.S.C. §2321 et seq. – Vernon Hugh Bowman v. Monsanto Company et al.

“Pirate Bay” : European Convention on Human Rights, Art. 10 – Neij and Sunde Kolmisoppi v. Sweden

“Live Streaming” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 3(1) – ITV Broadcasting Ltd et al. v. TVCatchup Ltd

“Amazon” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 5(2)(b) – Amazon.com International Sales Inc. et al. v. Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft mbH

“Monge v. Maya Magazines” : Copyright Act, 17 U.S.C. § 107 – Monge v. Maya Magazines, Inc.

“IP Translator” : Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to Approximate the Laws of the Member States Relating to Trade Marks – Chartered Institute of Patent Attorneys v. Registrar of Trade Marks

“Wir Machen Das Besondere Einfach” : Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community Trade Mark, Art. 7(1)(b) – Smart Technologies ULC v. Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

“Pie Optiek” : Commission Regulation (EC) No. 874/2004 of 28 April 2004 Laying Down Public Policy Rules Concerning the Implementation and Functions of the .eu Top Level Domain and the Principles Governing Registration, Art. 12(2) – Pie Optiek SPRL v. Bureau Gevers SA and European Registry for Internet Domains ASBL

"Medusa" : EC Regulation No. 40/94 on the Community Trade Mark (CTR), Art. 9(1) sentence 2b; German Trade Mark Act, Sec. 14(2) No. 2; German Copyright Act, Secs. 2, 64

"Invasion of Privacy" : Code of Civil Procedure, Art. 1134 – M.Z. et al . v. Télévision française 1 (TF1) et al.

“Expedia” : Treaty on the Functioning of the European Union, Art. 101(1); Council Regulation (EC) No. 1/2003 of 16 December 2002 on the Implementation of the Rules on Competition Laid down in Articles 81 and 82 of the Treaty, Art. 3(2) – Expedia Inc. v. Autorité de la concurrence and Others

“Spanish Sugar Cartel” : Treaty on European Union, Art. 81(1)(a) [presently, Treaty on the Functioning of the European Union, Art. 101]; Law 16/1989 on the Protection of Competition [former Spanish Competition Act of 1989], Arts. 1.1(a), 13.2; Code of Civil Procedure, Arts. 1109, 1902, 1968.2, 1969, 1973; Constitution, Art. 24 – Acor v. Galletas Gullón et al . [nine producers of biscuits and confectionary]

Comment on: “Spanish Sugar Cartel” : Treaty on European Union, Art. 81(1)(a) [presently, Treaty on the Functioning of the European Union, Art. 101]; Law 16/1989 on the Protection of Competition [former Spanish Competition Act of 1989], Arts. 1.1(a), 13.2; Code of Civil Procedure, Arts. 1109, 1902, 1968.2, 1969, 1973; Constitution, Art. 24 – Acor v. Galletas Gullón et al. [nine producers of biscuits and confectionary]

Stavroula Karapapa: Private Copying. Routledge, London and New York, 2012, pp. 240, ISBN-13: 978-0415674720, €76.00

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 5, August 2013

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 4, June 2013

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 3, May 2013

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 2, March 2013

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 1, February 2013

“Amazon” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 5(2)(b) – Amazon.com International Sales Inc. et al. v. Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft mbH

Content Provider	Springer Nature Link
Copyright Year	2013
Abstract	1. Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that it does not preclude legislation of a Member State which indiscriminately applies a private copying levy on the first placing on the market in its territory, for commercial purposes and for consideration, of recording media suitable for reproduction, while at the same time providing for a right to reimbursement of the levies paid in the event that the final use of those media does not meet the criteria set out in that provision, where, having regard to the particular circumstances of each national system and the limits imposed by that directive, which it is for the national court to verify, practical difficulties justify such a system of financing fair compensation and the right to reimbursement is effective and does not make repayment of the levies paid excessively difficult. 2. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that, in the context of a system of financing of fair compensation under that provision by means of a private copying levy to be borne by persons who first place recording media suitable for reproduction on the market in the territory of the Member State concerned for commercial purposes and for consideration, that provision does not preclude the establishment by that Member State of a rebuttable presumption of private use of such media where they are marketed to natural persons, where the practical difficulties of determining whether the purpose of the use of the media in question is private justify the establishment of such a presumption and provided that the presumption established does not result in the imposition of the private copying levy in cases where the final use of those media clearly does not fall within the case referred to in that provision. 3. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that the right to fair compensation under that provision or the private copying levy intended to finance that compensation cannot be excluded by reason of the fact that half of the funds received by way of such compensation or levy is paid, not directly to those entitled to such compensation, but to social and cultural institutions set up for the benefit of those entitled, provided that those social and cultural establishments actually benefit those entitled and the detailed arrangements for the operation of such establishments are not discriminatory, which it is for the national court to verify. 4. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that the obligation undertaken by a Member State to pay, on the placing on the market, for commercial purposes and for consideration, of recording media suitable for reproduction, a private copying levy intended to finance the fair compensation under that provision may not be excluded by reason of the fact that a comparable levy has already been paid in another Member State.
Starting Page	726
Ending Page	727
Page Count	2
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	44
Issue Number	6
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2013-08-22
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	International IT and Media Law, Intellectual Property Law
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

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3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society

“Live Streaming” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 3(1) – ITV Broadcasting Ltd et al. v. TVCatchup Ltd

Why Cherry-Picking Never Leads to Harmonisation: The Case of the Limitations on Copyright under Directive 2001/29/EC

“Svensson” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 3(1) – Nils Svensson, Sten Sjögren, Madelaine Sahlman and Pia Gadd v. Retriever Sverige AB

‘‘Nintendo’’ : Directive 2001/29/EC on the Harmonisation of Certain Aspectsof Copyright and Related Rights in the Information Society, Art. 6(3) – Nintendo Co. Ltd, Nintendo of America Inc., Nintendoof Europe GmbH v. PC Box Srl, 9Net Srl

“UPC Telekabel Wien” : Directive 2001/29/EC, Art. 8(3) – UPC Telekabel WienGmbH v. Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH

European Parliament on harmonisation requirements: Directive 98/30/EC

Case Note on “UPC Telekabel Wien” : Directive 2001/29/EC, Art. 8(3) – UPC Telekabel Wien GmbH v. Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH

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Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society

“Live Streaming” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 3(1) – ITV Broadcasting Ltd et al. v. TVCatchup Ltd

Why Cherry-Picking Never Leads to Harmonisation: The Case of the Limitations on Copyright under Directive 2001/29/EC

“Svensson” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society, Art. 3(1) – Nils Svensson, Sten Sjögren, Madelaine Sahlman and Pia Gadd v. Retriever Sverige AB

‘‘Nintendo’’ : Directive 2001/29/EC on the Harmonisation of Certain Aspectsof Copyright and Related Rights in the Information Society, Art. 6(3) – Nintendo Co. Ltd, Nintendo of America Inc., Nintendoof Europe GmbH v. PC Box Srl, 9Net Srl

“UPC Telekabel Wien” : Directive 2001/29/EC, Art. 8(3) – UPC Telekabel WienGmbH v. Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH

European Parliament on harmonisation requirements: Directive 98/30/EC

Case Note on “UPC Telekabel Wien” : Directive 2001/29/EC, Art. 8(3) – UPC Telekabel Wien GmbH v. Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH