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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
CJEU to rule further on injunctions against online intermediaries

Here's another reference to the Court of Justice of the European Union (CJEU) that may be of interest to Class 46's trade marks enthusiasts -- even though it's not a trade mark case. It's Case C-610/15 Stichting Brein, a reference for a preliminary ruling from top Dutch court Hoge Raad der Nederlanden. The underlying action is an application for an injunction to block access to the website The Pirate Bay on the basis that media files are shared on a large scale through The Pirate Bay, without the consent of the right-holders.

The first question posed to the CJEU is a copyright one, but the second deals with the IP Enforcement Directive and intermediaries, so clearly has relevance to brand owners and e-tailers too:

Is there a communication to the public within the meaning of Article 3(1) of the Copyright Directive by the operator of a website, if no protected works are available on that website, but a system exist [as described in paragraphs 13 to 30 below] by means of which metadata on protected works which is present on the users’ computers is indexed and categorised for users, so that the users can trace and upload and download the protected works on the basis thereof?

If the answer to Question (1) is negative: Do Article 8(3) of the Copyright Directive and Article 11 of the Enforcement Directive offer any scope for obtaining an injunction against an intermediary as referred to in those provisions, if that intermediary facilitates the infringing acts of third parties in the way referred to in Question 1?

Again, If you would like to comment on this case in the hope that the UK government might pay attention and make a submission, please email policy@ipo.gov.uk by 15 January 2016.

Posted by: Blog Administrator @ 04.28
Tags: CJEU reference, IP Enforcement Directive, injunctions against intermediaries,
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