tag:blogger.com,1999:blog-5574479.post1220611971990551516..comments2024-03-28T08:10:18.991+00:00Comments on The IPKat: Charlie Chaplin won't come back from the dead, neither will Montis' copyright in the Chaplin chairVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-4545541395685772782016-10-26T15:27:44.883+01:002016-10-26T15:27:44.883+01:00This judgment ignores the CJEU's own case law ...This judgment ignores the CJEU's own case law notably the Sony Music judgment (Grand Chamber). Or is there one rule for Bob Dylan and another for makers of chairs? In which case it also contradicts its own case law on furniture. The AG got it right but here the CJEU seems to have gone off yet again on a frolic of its own. Compare and contrast -the Court's reasoning comes out of nowhere.The chairs should have been protected in at least Germany and certainly elsewhere(see the Donner line of judgments on furniture). Whether as a matter of procedure the plaintiff was heard on this point in the Netherlands should have been irrelevant. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-91945061069416693082016-10-25T20:23:31.215+01:002016-10-25T20:23:31.215+01:00I am not sure if the title is entirely correct. Wh...I am not sure if the title is entirely correct. While CJEU refused to bring the chairs back from the dead, the Benelux Court of Justice still has the right to do so under Benelux. The reference of the Benelux court basically stated that it could only answer the questions regarding the chairs if it had any freedom under EU-law. Now that it does, it will make its own evaluation (http://www.courbeneluxhof.be/nl/arresten.asp?RID=225)<br /><br />Interesting is that the Hoge Raad's AG suggested to ask questions on the matter both to Benelux Court of Justice AND CJEU immediately, but that the Hoge Raad decided that only the Benelux Court needed to be asked considering the questions of EU law sufficiently clear. Unfortunately from a process economics point of view, the Benelux court disagreed and decided it needed to ask the questions itself..TreatyNotifierhttps://www.blogger.com/profile/14781646153904815142noreply@blogger.com