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The CJEU Anne Frank judgment and its broader implications (including for the internet and, obviously, AI too)

July 19, 2026 · copyright,communication to the public,Anne Frank,artificial intelligence
A few days ago, the Court of Justice of the European Union (CJEU) issued its judgment in Anne...

Grand Chamber rules that platform's algorithmic control may remove safe harbour availability

June 22, 2026 · safe harbours,intermediary liability,general monitoring,WebGroup,Coyote
Last week, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued its...

EUIPO receives first sound mark application to protect against digital replicas and deepfakes

May 17, 2026 · trade marks,AI,Giusy Ferreri,deepfakes,digital replicas
After Matthew McConaughey and Taylor Swift in the USA and a number of other applications before...

Italian transposition of press publishers’ right may be compatible with EU law, though with caveats, says Grand Chamber

May 12, 2026 · copyright,Italy,press publishers' right,CJEU,DSM Directive
Today, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued its long...

CJEU delivers pastiche-style judgment on … pastiche

April 14, 2026 · copyright,pastiche,Pelham II,exceptions
Today, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued its judgment...

AG Emiliou advises CJEU to rule that OCSSPs' authorization under Article 17 of the DSM Directive extends to acts of reproduction

March 27, 2026 · reproduction,OCSSPs,Article 17 DSMD,copyright
Article 17(1) of the DSM Directive is premised on the idea that certain user-uploaded (UUC)...

CJEU rules that derivative works enjoy copyright protection if they are … original

March 22, 2026 · copyright,derivative works,originality
Article 2(3) of the Berne Convention mandates the copyright protection of derivative works like ...

How Anne Frank will (also) have a say on copyright enforcement in the age of AI

February 1, 2026 · copyright,Anne Frank,accessibility,targeting,artificial intelligence
Earlier this week, The IPKat reported on the Opinion of Advocate General (AG) Rantos in Anne...

EUIPO Grand Board refuses registration of ‘GEORGE ORWELL’ as a trade mark for inter alia books

December 26, 2025 · trade marks,names,George Orwell
Can you register, as a trade mark, the name of an author, including an author – like George...

CJEU broadly follows AG and recognizability approach in Mio/konektra judgment

December 5, 2025 · copyright,works of applied art,originality,infringement,Mio konektra
The Court of Justice of the European Union (CJEU) has finally delivered its long-awaited judgment...

TDM exceptions (not just the three-step test) don’t allow all unlicensed AI development

October 13, 2025 · copyright,artificial intelligence,text and data mining,AI training,three-step test
As autumn settles in and leaves begin to fall, one thing stays firmly in place: the judicial,...

New paper (and webinar) - The future of the movie industry in the wake of generative AI: A perspective under EU and UK copyright law

September 28, 2025 · copyright,AI,artificial intelligence,movie industry
Like all sectors, the movie industry has been both affected by and exploring potential uses of...

The upcoming Mio/konektra judgment: What the CJEU should decide regarding the copyright infringement test

September 18, 2025 · copyright,Mio,konektra,infringement test,originality
Back in the spring, The IPKat reported on the then fresh Opinion of Advocate General (AG) Szpunar...

Can trade mark law help protect one’s privacy (and stop the spread of embarrassing WhatsApp audio messages)?

August 13, 2025 · privacy,trade marks,Raoul Bova,distinctiveness,occhi spaccanti
The use – and abuse – of IP rights to achieve objectives other than protecting what those rights...

Copyright exceptions and fair use defences for AI training done for “research” and “learning”: A new academic study

July 29, 2025 · copyright,artificial intelligence,AI training,exceptions,research
“It is a truth universally acknowledged, that a single man in possession of a good fortune, must...

AG Spielmann advises CJEU to rule that a derivative work may be original and protection could also stem from efforts to reconstruct missing parts in someone else’s work

June 26, 2025 · copyright,derivative works,originality
International copyright law (Article 2(3) of the Berne Convention) mandates the protection of “[t...

AG Emiliou advises CJEU on pastiche (while adopting very critical stance on EU copyright system as a whole and past CJEU case law too)

June 18, 2025 · copyright,pastiche,Pelham,sampling
What does 'pastiche' mean? A question like this, raised a few years ago, would probably have...

CJEU receives first referral on chatbots and copyright

May 26, 2025 · copyright,AI,chatbots,Like Company v Google
Over the weekend, reports circulated that the Court of Justice of the European Union (CJEU) has...

Of tables and other furniture: AG Szpunar advises CJEU on originality (but also proposes adoption of recognizability test for infringement)

May 8, 2025 · copyright,originality,Mio,konektra,designs
Is it true that originality is the only thing that matters in copyright law, including for works...

AG Campos advises CJEU to rule that joint ownership of copyright remains within the remit of national law, not EU law. But is that (still) right?

April 13, 2025 · copyright,joint ownership,joint authorship,Chabrol C-182-24
Joint ownership of IP rights: is it an area governed by national or rather EU law? More...
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