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02 October 2014
Issue: 7624 / Categories: Case law , Law digest
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Intellectual property rights

Deckmyn and another v Vandersteen and others C-201/13 , [2014] All ER (D) 30 (Sep)

The Court of Justice of the European Union made a preliminary ruling concerning the interpretation of Art 5(3)(k) of Directive (EC) 2001/29 of the European Parliament and of the Council (on the harmonisation of certain aspects of copyright and related rights in the information society). The request had been made in proceedings between Mr Deckmyn and the Vrijheidsfonds VZW, a non-profit association, and various heirs of Mr Vandersteen, author of the Suske en Wiske comic books, and the holders of the rights associated with those works as well, about the handing-out by Mr Deckmyn of a calendar that contained a reproduction of a drawing which resembled a drawing appearing on the cover of one of the books in the Suske en Wiske.

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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