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  Today, after several months of waiting and with the deadline for the national transposition of the   DSM Directive  being just a weekend away (it will be on Monday, 7 June), the European Commission has issued its   Guidance on the application of Article 17 .  Here are 3 key highlights: Article 17 not a  sui generis  right of communication to the public An actual  sui generis  Kat First, the Guidance takes a different view from the  one  provisionally expressed in September 2020. It states that Article 17 is  lex specialis  to the  InfoSoc Directive , but also that the provision does not create a special/ sui generis  right of communication to the public compared to the one already contained in Article 3 of the latter: Article 17 does not affect the concept of communication to the public or of making content available to the public elsewhere under Union law, nor does it affect the possible application of Article...

The IPKat's Central Bank What has the  Statute of the European System of Central Banks  have to do with IP law?  Directly, perhaps not much.  However, a case recently decided in this area and concerning the provisional suspension of the Governor of the Central Bank of Latvia pending criminal investigations might have potentially important implications also in the field of IP.  In particular, it might be relevant in the case in which an EU Member State has incorrectly transposed an EU directive into its own national law. Rimsevics Last month the Court of Justice of the European Union (CJEU) issued a decision,  Rimsevics ,  C‑202/18 and C‑238/18 , which for the first time saw the highest EU court directly annulling an act rendered by an authority of a Member State (Latvia) and extricated it from that domestic legal order.  In her  Opinion  in that case, Advocate General (AG) Kokott had s...