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- Home
- About
- Scholarly Work
  Selected Academic Publications
  Copyright and the CJEU, 2nd edn
  DSM Directive Commentary
  WIPO Metaverse Study
  The Handbook of Fashion Law
  Twenty Years of The IPKat
  Handbook of EU Copyright Law
  Originality in EU Copyright
  Copyright and the CJEU
- Public Engagement
  Talks, Lectures & Short Courses
  Recently Organized Events
  Recognition
  In the Media
- IP Blogging
- Contact

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...

US Court of Appeal confirms human authorship requirement, including for AI

March 20, 2025 · artificial intelligence,copyright,A recent entrance to paradise,authorship,originality

Can a work that is presented as being entirely AI-generated receive protection under copyright...

'MAGIC PUSSY'? Not contrary to “accepted principles of morality”, says EUIPO BoA

March 3, 2025 · trade marks,accepted principles of morality,COVIDIOT

A few weeks ago, the 5th Board of Appeal (BoA) of the European Union Intellectual Property Office...

New Vatican AI Guidelines for the development and use of AI models: from AI training to Vatican’s authorship and ownership of AI-generated outputs (at least within the Vatican City State)

January 25, 2025 · copyright,artificial intelligence,Vatican,text and data mining,AI-generated outputs

Overwhelmed by AI-related commentaries and looking for something that thinks – at least partly –...

Tetra Laval’s 3D shape mark not exclusively functional, rules EUIPO Board of Appeal (and, no, it’s not automatically bad faith to seek longer IP protection for a successful product)

January 3, 2025 · trade marks,technical functionality,patents,Tetra Laval

Would you say that the circumstance that a container for liquids was protected by a patent...

EUIPO Grand Board finds 'MARICON PERDIDO' to be contrary to accepted principles of morality

December 15, 2024 · trade marks,MARICON PERDIDO,accepted principles of morality

Can the Spanish phrase ‘MARICON PERDIDO’, which roughly translates as ‘hopeless faggot’, be...

CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions

December 8, 2024 · copyright,direct effect,InfoSoc Directive,Reprobel

As students of EU law know, a key principle – which the now Court of Justice of the European...

Infringing AI: Liability for AI-generated outputs under international, EU, and UK copyright law

November 1, 2024 · artificial intelligence,copyright,AI Act,copyright infringement,AI-generated outputs

One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that...

Bologna Court of Appeal confirms that Italian image rights extend to cultural heritage assets (which cannot be used commercially without authorization)

October 30, 2024 · Italian Cultural Heritage Code,Duca d'Este,Aceto Balsamico di Modena

Over the years, The IPKat has reported on the growing body of case law issued by Italian courts...

CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention

October 28, 2024 · Kwantum,copyright,works of applied art,InfoSoc Directive,Berne Convention

Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-)...

The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

October 7, 2024 · copyright,AI training,text and data mining,LAION,artificial intelligence

A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in...

Austrian Supreme Court tackles right of reproduction, three-step test, and parody defence in Robber Hotzenplotz copyright case

September 15, 2024 · copyright,parody,Deckmyn,right of reproduction,InfoSoc Directive

The owner of the rights to children's book series Der Räuber Hotzenplotz ('The Robber Hotzenplotz...

EU copyright takes it all … including Article 2(7) of the Berne Convention: AG Szpunar advises CJEU to rule that EU Member States can no longer rely on reciprocity clause for works of applied art

September 7, 2024 · works of applied art,copyright,international law,Berne Convention,Vitra v Kwantum

One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) ...

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