On 1 July the European Commission adopted an action plan to address infringements of intellectual property rights in the EU (COM(2014) 392/2). The action plan intends to shift the attention of enforcement policies and actions from individuals infringing IP rights towards commercial scale infringers as they are viewed as the most harmful according to the Commission.
The EU Commissioner for … Continue Reading
The Court of Appeal of Bremen (German version of the decision) has recently confirmed that competitors and consumer associations in Germany may challenge non-compliances with e-commerce rules. Any such non-compliance can be attacked on the basis of the German Unfair Competition Act (“UWG”). The court dealt with two essential aspects of
E-Commerce: 1. Is it a misleading advertisement… Continue Reading
The Court of Appeal of Munich had to decide about two main aspects concerning entries in internet forums: Could such blog- or Wikipedia-entries be classified as commercial activity and therefore be subject to the German Law on unfair Competition (UWG)? And if it is possible to regard these entries as commercial activity must they be classified as misleading advertisement? … Continue Reading
Persistent rumors about the past of Germany’s former first lady, Bettina Wulff, have brought back a yet undecided discussion about search engine operators’ liability for auto-complete suggestions in Germany. The now rebuffed rumors connect Bettina Wulff’s past with allegations such as having worked as an escort girl or as a prostitute. They have been spread out through the Internet by … Continue Reading
The German Federal Court of Justice decided in two cases that within normal circumstances a sub licence does not cease to exist if the main licence expires.
In both cases the owners of the rights to a copyright protected work sued sub licensees for copyright infringement after the main licence, from which the sub licensees derived their rights, … Continue Reading