EU Court Opinion Sets Limits to Use of Upload Filters in New EU Copyright Rules

Brussels, BELGIUM  — The EU top court’s Advocate General, Henrik Saugmandsgaard Øe, today provided his opinion on the Polish government’s request to annul the controversial Article 17 in the new EU Copyright rules. Poland requested that the Court of Justice of the EU (CJEU) annul Article 17 due to infringement of the right to freedom…

European High Court Issues Ruling Impacting Digital Single Market, EU Member States

Brussels, BELGIUM — The Court of Justice of the EU (CJEU) has ruled on the question of whether France needed to notify the European Commission before passing a law impacting Europe’s Digital Single Market (DSM). Under EU rules, Member States must communicate to the Commission any draft technical regulations that relate to the taking-up or…

Advocate General at the EU Court of Justice Issues Opinion In Coty Germany Case on Online Marketplace Bans

Brussels, BELGIUM — Advocate General Nils Wahl delivered his opinion in the Coty Germany case (Case C-230/16). The case deals with contractual provisions a producer of luxury cosmetics imposed on his authorized retailer, prohibiting the latter the sale of products on open online marketplaces. The key question pending in front of the Court of Justice…

House Judiciary Subcommittee Examines Data Flow Policies, Other Digital Trade Barriers

Washington — House Judiciary IP & Internet subcommittee chairman Darrell Issa opened Tuesday’s hearing titled “International Data Flows: Promoting Digital Trade in the 21st Century” by saying policies blocking data flows could lead countries to other unfair trade practices like demanding source code or trade secrets.  He said restricting Internet data from flowing across national…