|Claws out for|
the IPO ...
Dear Kats,Thanks so much, Els, we appreciate your email and the helpful information it contains -- and wonder why the UK IPO can't simply paste the questions referred to the Court of Justice into the circular announcing the reference.
Please find attached the decision of April 8, 2013.
The questions referred [in what is now Case C-201/13 Deckmyn en Vrijheidsfonds] for a preliminary ruling are :
1. Is the concept of ‘parody’ an independent concept in European Union law?
2. If so, must a parody satisfy the following conditions or conform to the following characteristics:
– the display of an original character of its own (originality);3. Must a work satisfy any other conditions or conform to other characteristics in order to be capable of being labelled as a parody?
– and such that the parody cannot reasonably be ascribed to the author of the original work;
– be designed to provoke humour or to mock, regardless of whether any criticism thereby expressed applies to the original work or to something or someone else;
– mention the source of the parodied work?
Els Herregodts, judge, Court of Appeal, Brussels, and IPKat reader
The deadline for receiving comments on this case has now been extended from mid-day tomorrow to Wednesday, 12 June -- the date of the IPKat's 10th Birthday seminar.