©-LAW

As  announced  earlier today, the Court of Justice of the European Union (CJEU) has finally issued its (short)  judgment in  Levola Hengelo , C-310/17 , holding that copyright cannot vest in the taste of a food product (a spreadable cheese in the background Dutch proceedings). The case is important for a number of reasons, and especially because it is probably the first time that the CJEU has been given  directly  the chance to tackle the notion of 'work' under the  InfoSoc Directive  (but, I would say, the overall EU copyright  acquis). Let's see how the CJEU reasoned. 'Work' under the InfoSoc Directive The Court started by noting that the InfoSoc Directive harmonizes a number of economic rights and related exceptions and limitations, which concern the exploitation of 'works'. Yet, that piece of legislation does not define what is to be intended as 'work', nor does it make any reference to the laws of ind...

A few days ago the European Court of Human Rights (ECtHR) issued yet another interesting judgment, which - albeit not directly related to IP - might be nonetheless relevant for the interpretation and application of public policy/morality exclusions, especially in the case of blasphemous and offensive subject matter. The decision is the one in   E.S. v Austria , Application No 38450/12 . Background The case related to the applicant's criminal conviction in Austria for  disparaging religious doctrines  (Articles 188 and 283 of the Austrian Criminal Code) , and her claim that this violated her freedom of expression under Article 10 of the  European Convention on Human Rights  (ECHR). More specifically, the conviction resulted from a series of  public  seminars entitled 'Basic Information on Islam' that the applicant had delivered  at the right-wing Freedom Party Education Institute . One of these seminars was attended...