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Mark Soler

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Intellectual Property

Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users

Early last month the Court of Justice of the European Union (CJEU) ruled that the reproduction of a photo on a website, not being the website through which the rightholder initially made that photo available to the public, constitutes a new communication to the public for the purpose of determining a copyright infringement claim. The Facts:-In case C-161/17, Mr Renckhoff brought proceedings before the Courts of Hamburg against the local authorities having the direct supervision of a secondary school. Mr Renckhoff was a photographer by profession and in 2009 it was possible for persons to access the school's website which…
Mark Soler
8th September 2018
News_Copyright.jpg
Intellectual Property

Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users

Early last month the Court of Justice of the European Union (CJEU) ruled that the reproduction of a photo on a website, not being the website through which the rightholder initially made that photo available to the public, constitutes a new communication to the public for the purpose of determining a copyright infringement claim. The Facts:-In case C-161/17, Mr Renckhoff brought proceedings before the Courts of Hamburg against the local authorities having the direct supervision of a secondary school. Mr Renckhoff was a photographer by profession and in 2009 it was possible for persons to access the school's website which…
Mark Soler
8th September 2018
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Antitrust, Competition and TradeLitigation & Dispute Resolution

The Uniformity of ‘Energy Labels’ under EU Law

 The Court of Justice of the European Union (CJEU) has recently delivered a judgment on a preliminary reference relating to the labelling of energy-consuming products, or 'energy labels'. In case c-632/16 the Commercial Court of Antwerp, in Belgium, was faced with the following problem.  The Facts :-Dyson, the applicant, is a Belgian company that markets vacuum cleaners that are not fitted with a dust bag. BSH, the respondent, is a Dutch company that markets conventional vacuum cleaners, under the trade marks Siemens and Bosch, that are fitted with a dust bag. According to Delegated Regulation No 665/2013 all market vacuum…
Mark Soler
3rd September 2018
News_MS.jpg
Antitrust, Competition and TradeLitigation & Dispute Resolution

The Uniformity of ‘Energy Labels’ under EU Law

 The Court of Justice of the European Union (CJEU) has recently delivered a judgment on a preliminary reference relating to the labelling of energy-consuming products, or 'energy labels'. In case c-632/16 the Commercial Court of Antwerp, in Belgium, was faced with the following problem.  The Facts :-Dyson, the applicant, is a Belgian company that markets vacuum cleaners that are not fitted with a dust bag. BSH, the respondent, is a Dutch company that markets conventional vacuum cleaners, under the trade marks Siemens and Bosch, that are fitted with a dust bag. According to Delegated Regulation No 665/2013 all market vacuum…
Mark Soler
3rd September 2018