DATE OF UPDATE: 5 September
LINKS: CURIA - Documentos (europa.eu)
CURRENT STATUS
Kwantum Nederland BV: Advocate General ("AG") Szpunar has delivered an opinion in the context of a request from the Netherlands Supreme Court to the CJEU for a preliminary ruling in proceedings for infringement of copyright in a chair originating in the USA. The issue, according to the AG, is whether Member States ("MS") are still free to apply the reciprocity clause contained in the Berne Convention to works of applied art originating in third countries which protect those works solely under a special regime. He opines that the author's exclusive reproduction right under Article 2(a) and distribution right under Article 4 of the Copyright Directive (2001/29/EC) precludes MS from applying the reciprocity clause in Article 2(7) of the Berne Convention. Article 351 of the Treaty on the Functioning of the EU prohibits MS from applying the clause against the holder of the copyrights in a work whose country of origin is the USA.
WHY IS THIS APPLICABLE TO CLIENTS?
This may be of interest to clients who own a large portfolio of IP to include works originating in the U.S.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
