Intellectual property

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. Legal uncertainty exists as to whether such online services engage in copyright relevant acts and need to obtain authorisations from rightholders for the content uploaded by their users who do not hold the relevant rights in the uploaded content. It is therefore necessary to clarify the copyright relevant obligations applicable to online services providing access to copyright protected content uploaded by their users.

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Rules for designation of agent for safe harbor protection

Published 23rd July 2018

Under the Digital Millennium Copyright Act (‘‘DMCA’’), the U.S. Copyright Office is required to maintain a ‘‘current directory’’ of agents that have been designated by online service providers to receive notifications of claimed infringement. Since the DMCA’s enactment in 1998, online service providers have designated agents with the Copyright Office using the Office’s or their own paper form, and the Office has made scanned copies these filings available to the public by posting them on the Office’s Web site.

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Sometimes Russian Roskomnadzor, but not the court, decides whether there is copyright infringement

Published 18th July 2018

Russian social network Vkontakte is Russian Facebook. It is very popular. Many people use it every day. This social network allows its users to upload a video and music, share this content. Other users can not only listen or watch music or video, they can also download it thanks to different apps or special web-sites.

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Estonian’s Option B of article 11 for DSM copyright directive

Published 17th July 2018

Presumption for publishers of press publications

Press publications contain mostly literary works but increasingly include other types of works and subject-matter, notably photographs and videos. Due to the large number of authors and rightholders involved in the creation of a press publication, licensing and enforcement of the rights in press publications are often complex and inefficient in the digital environment. Publishers may notably face difficulties when proving that they have been transferred or licensed the rights in such works and other subject-matter for the purposes of concluding licences or enforcing the rights in respect of their press publications.

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SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Published 16th July 2018

Teachers and students face legal uncertainty when using content in digitally-supported teaching practices, in particular across borders. A huge variety of content (text, images, music, video), often protected by copyright, is used in teaching activities.

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Third edition of USA copyright office compendium – Application Tips for Databases

Published 16th July 2018

A single-file or multi-file database may be registered as a literary work if the predominant form of authorship in the work consists of text. A database may be registered as a work of the visual arts if the predominant form of authorship consists of photographs or other forms of pictorial authorship.

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Estonian’s option A of article 13 for DSM copyright directive

Published 13th July 2018

Self-standing obligation of measures

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. When the content is uploaded by users who do not own the relevant rights in the whole or parts of the content they upload, this situation affects rightholders’ possibilities to determine whether and under which conditions their content is used as well as their possibilities to get an appropriate remuneration for it. It is therefore necessary to provide for certain measures that these service providers should take to protect the content.

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When the parallel import is a constitutional matter

Published 12th July 2018

Russian constitutional court has prohibited application of the similar sanctions for parallel import and for selling of counterfeits. One Russian company PAG has concluded state contract for supply to medical institution a special paper under Sony mark for ultrasound scan. Such paper Russian company has acquired from Poland company and imported to Russia. The customs has seized the paper under the order of commercial court of Kaliningrad province.

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First compulsory patent licence for Russian Pharm company under court decision

Published 11th July 2018

Russian Pharm company has obtained first compulsory patent licence under decision of Moscow commercial court. This patent licence provides the Russian company with right to produce and distribute in Russian market the medicament patented by USA pharm company. The Russian analogue of patented medicament is “much cheaper” in comparison with its original.

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Estonian’s Option A of article 11 for DSM copyright directive

Published 10th July 2018

New neighbouring right

It is necessary to define the concept of press publication in a way that embraces only journalistic publications, published in any media, including on paper, in the context of an economic activity which constitutes a provision of services under EU law. The press publications to be covered are those whose purpose is to inform the general public and which are periodically or regularly updated.

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Category: Intellectual property

Estonian’s OPTION B of article 13 for DSM copyright directive

Rules for designation of agent for safe harbor protection

Sometimes Russian Roskomnadzor, but not the court, decides whether there is copyright infringement

Estonian’s Option B of article 11 for DSM copyright directive

SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Third edition of USA copyright office compendium – Application Tips for Databases

Estonian’s option A of article 13 for DSM copyright directive

When the parallel import is a constitutional matter

First compulsory patent licence for Russian Pharm company under court decision

Estonian’s Option A of article 11 for DSM copyright directive