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Attorney-at-Law Michael Horak, graduate engineer (Electrical Engineering), LL.M. (European Law) Julia Ziegeler, Attorney-at-law Attorney Umberg, LL.M., M.A. Andree Eckhard, Patent Attorney Katharina Gitmann, Attorney-at-law Karoline Behrend, Attorney-at-law Johanna K. Müller-Kühne, PhD, Patent Attorney Andreas Friedlein, Attorney-at-law John Bühler, Attorney-at-law

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Court rulings in the area of copyright law

ECJ (Grand Chamber) of 20 January 2009 C240/07 - Sony vs Falcon

The term of protection laid down by Directive 2006/116/EC is also applicable, pursuant to Article 10(2) thereof, where the subjectmatter at issue has at no time been protected in the Member State in which the protection is sought. Article 10(2) of Directive 2006/116 is to be interpreted as meaning that the terms of protection provided for by that directive apply in a situation where the work or subjectmatter at issue was, on 1 July 1995, protected as such in at least one Member State under that Member State’s national legislation on copyright and related rights and where the holder of such rights in respect of that work or subjectmatter, who is a national of a nonMember State, benefited, at that date, from the protection provided for by those national provisions.

Judgement of the German Supreme Court of 1st December 1999 - I Cr 49/97 (KG) - Marlene Dietrich

Commercial use of personality rights

Brunswick Appeal Court - value of an appeal against granting information

The value of an appeal against a demand for information which has been assessed at DM 75,000.00 (€ 37,500.00) at the first instance can be less than DM 1,500.00 (€ 750.00). The appeal is therefore dismissed because the value of an appeal depends solely on the expenses arising from disclosing information.

© 1998-2021 IP Attorney at law Michael Horak, LL.M, Certified IP Law Specialist

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