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Decompilation of a computer program to remove errors
There are no computer programs that run faultlessly. Sooner or later there will be errors that need to be fixed. In many cases this will mean that changes will have to be made to the source code of the software, i.e. the original form of writing a computer program. However, except in the case of [...]

20 years of court battle for two seconds of music - or how to legally sample?
After exactly two decades of dispute between the classics of the German electronic music scene, Kraftwerk and hip-hop producers, M. Pelham and M. Haas, the Court of Justice of the European Union answered the question on the legality of the use of samples. To be exact, on one of the threads important in answering such [...]

The simplicity of the sequence of two sounds is not enough for the EU’s trademark for sound.
Brazilian media group Globo Comunicação e Participações filed a complaint against the European Union Intellectual Property Office's (EUIPO) refusal of the registration forthe EU trademark in the form of a sound (ECJ Judgment of September 13ht, 2016 in T-408/15 case). The basis for the absolute refusal was... the simplicity of the sequence of two sounds. [...]

Rights of the licensees of EU trademarks and Community designs in the light of the Court of Justice judgments
This year, the CJEU has issued two important rulings on the rights of EU trademark and Community design licensees. These interpretations are undoubtedly beneficial for the licensees. They take into account not only a literal interpretation of the provisions, but also their context and objectives. CJEU judgments concern the right of the licensees of EU [...]

(Un)safe linking under copyright law
During attempts to find a balance between the fight for the interests of holders of copyright and the needs of the information society on the Internet the question of linking to pirated content has emerged. The ECJ tried to answer this. And it answered, but with this judgement it opened more issues than it was [...]

Will Rubik’s Cube share the fate of LEGO blocks?
More than 40 years have passed since Ernő Rubik created his magical cube (hun. bűvös kocka) in 1974. Within that time, many techniques and ways of solving the cube have been developed, whereby competitors break speed records solving the cube, with speedcubing (speedsolving) enjoying unflagging popularity. Registering the shape From a legal point of view, [...]

Can tea have the flavor of vanilla? – The Court of Justice of the EU examines
An average, adequately informed and sufficiently careful and reasonable consumer may find it sometimes quite difficult to tell what exactly it is that he/she puts in his/her shopping basket. The situation is no different in the case of a “fruit” tea named “Felix – raspberry and vanilla adventure”, made by the Teekanne company, whose packaging is [...]

A calorie-related dispute between Nestle and Cadbury – protection of the shape of food products
The external appearance of products is one of the most important elements in the promotion and marketing strategy employed by companies. Roundness, protrusions or indentations thanks to the legal protection they enjoy may become an exceptionally valuable part of the product. Taking into consideration the potential of appropriate product design, one electronics industry giant – [...]

Multiple the amount of respective remuneration under the copyright law prior to CJEU
A common request for payment in multiples of the amount of respective remuneration for the unlawful use of another person’s work is a widely debated problem in the jurisprudence. The right in question has been provided for in Article 79(1)(3)(b) of the Copyright and Related Rights Act and since the very beginning has stirred a [...]

The Court of Justice and Edward Snowden's revelations
On March 24, 2015 the Court of Justice of the European Union (CJEU) commenced proceedings in the case of Maximillian Schrems against a local Irish Data Protection Commissioner (file no. C-362/14) who refused to consider a complaint by Mr. Schrems concerning activities of the Irish branch of Facebook. The case has been given wide media [...]

From poster to canvass. Exhaustion of rights in the judgment of the Court of Justice, file no. C-419/13
The origin of the case at issue, closed by a judgment of the Court of Justice of the European Union of January 22, 2015 (file no. C-419/13), lies in a dispute between the Dutch company Art & Allposters International BV and a Netherlands copyright collecting society. According to the circumstances of the case, the company [...]

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