CJEU rules that warehouse storage of counterfeits due for sale falls within scope of distribution right
Gamla stan in Stockholm, where the defendant's business was located Back in October The IPKat reported that in Syed , C-572/17 Advocate General (AG) Campos Sánchez-Bordona had advised the Court of Justice of the European Union (CJEU) to rule that the warehouse storage of copyright-infringing items due to be issued to the public is to be considered as an act falling within the scope of the right of distribution within Article 4 of the InfoSoc Directive . Personally I thought and wrote that, in light of existing CJEU case law on the right of distribution - notably the decision in Dimensione Direct Sales [Katposts here ] -, the AG Opinion was not at all surprising. Yesterday, after less than 3 months, the CJEU issued its judgment , which endorses the Opinion of AG Campos. Let's see how the Court reasoned. Concept of 'distribution' The CJEU started by noting the the concept of 'distribution' wit...