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CJEU follows AG Opinion and rules that the authorization under Article 17(1) of the DSM Directive also covers acts of reproduction

You simply cannot communicate what's not in you Article 17(1) of the DSM Directive [IPKat posts here ] requires online content sharing service providers (OCSSPs) to secure the authorization of relevant rightholders “in order to communicate to the public or make available to the public works or other subject matter.”  But must the authorization referred to therein also encompass the undertaking of acts of reproduction, which are functional and preliminary to the subsequent acts of communication and making available to the public, given that OCCSPs – before undertaking acts that are relevant under Article 3 of the InfoSoc Directive – “store” the protected content uploaded by users, in accordance with the very definition of OCSSP as found in Article 2(6)? Earlier this week – correctly and unsurprisingly – the Court of Justice of the European Union (CJEU) answered in the affirmative in Austro-Mechana , C-579/24 , thus endorsing the earlier Opinion of Advocate General (AG) Emiliou ...

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"At least one" lesson in claim construction from Australia

“Truth Social” trade mark invalidated because of bad faith

Monday Miscellany

Basmati rice certification mark rejected in Australia

Australian Federal Court finds biosimilar etanercept manufacturing processes do not infringe Pfizer's ENBREL process patent

Aviator v Spribe: foreign unfair competition claims cleared for take-off in English courts

The law (or the ‘lore’) of the infamous generative AI ‘Brainrot’ characters