musikmarkt 01/2015: Dr M Schaefer with contribution on “Duty to Post Deposit”.

/in

BOEHMERT & BOEHMERT partner Dr Martin Schaefer has made a contribution to the specialist magazine musikmarkt (01/2015) entitled “The Duty to Post Deposit is coming… but how (!?)”. In the article, he explains a key aspect of the upcoming reform of German administration legislation. With regard to the implementation of the EU Directive – Collecting Companies Directive, the focus in Germany has been on the “duty to post deposit”. Dr Schaefer explains under what circumstances a deposit in respect of compensated owed made with a neutral body may be required and comments thus: “Ultimately. it’s a matter of fair distribution of risk for each deposit.” Just how this is worked out will be the topic of political discussed over the coming months, Schaefer went on. The full article is available to subscribers at.

“Academic Publishing in Europe” – Conference with participation by Dr Martin Schaefer.

/in

On 20 and 21 January 2015, the conference “Academic Publishing in Europe 10 (APE) 2015” will be held in Berlin under the motto “Web25: The Road Ahead. Exploring the Future of Scholarly Communication & Academic Publishing“. BOEHMERT & BOEHMERT partner Dr. Martin Schaefer has been invited to sit on the panel on 20.01. and discuss “Open Research or Infringement of Authors’ Rights? The Suitability of the CC-BY License for Research Publications“. Further participants on the panel are: Dr. Albrecht Hauff (Georg Thieme Verlag KG, Stuttgart). Robert Kiley, Head of Digital Services & Acting Head of Library, (Wellcome Library, London) and Carlo Scollo Lavizzari, Anwalt, Lenz & Caemmerer, Basel. This panel will be hosted by Prof Christian Sprang, Legal Counsel (Börsenverein des Deutschen Buchhandels, Frankfurt am Main). The aim of the APE conferences is to expand understanding of university communication and the role of information in academia, education and society. The conference will take place in the Berlin Brandenburg Academy of Sciences, Gendarmenmarkt, Markgrafenstr. 38, 10117 Berlin.

GRUR event: “You downloaded it, you sell it” in Berlin with Prof J. B. Nordemann.

/in

The German Association for Industrial Property Rights and Copyright (GRUR) will on 19 January 2015 focus on the issue “You downloaded it, you sell it – exhaustion in copyright also for copies downloaded online?” within the framework of its event with panel discussion in Berlin. Background is the basic principle in copyright law: “You own it, you distribute it”. This means: The right of distribution is exhausted for the EU and the euro zone if a copy is put into circulation with the consent from the rightholder. In the field of software, the European Court of Justice (ECJ) held in the “UsedSoft” decision in 2012 that this applied under certain conditions also for copies downloaded online. Accordingly, the term online exhaustion is often used. The event will focus on whether the decision can also be applied to films, music and eBooks. This question is discussed by participants at this GRUR event – Prof Jan B. Nordemann, Louise Begnall and Dr Till Kreuzer. BOEHMERT & BOEHMERT partner Prof. Dr. Jan B. Nordemann will in his function of Chairman of the AIPPI Standing Comittee Copyright report on the results of a survey of around 40 AlPPI country groups on “Q240 – Exhaustion lssues in Copyright Law”. The event will begin at 6p.m. and will take place at the German Patent and Trademark Office, Gitschiner Str. 97, in 10696 Berlin

Dr Schwab in WTR Daily on the decision in the “Inter-Union Technohandel ./. OHIM” case.

/in

In the online magazine World Trademark Review Daily from 06/01/2015, BOEHMERT & BOEHMERT partner and trademark law expert Dr Florian Schwab reports on the recent decision of the European Court of Justice (T-298/12 Inter-Union Technohandel GmbH ./. OHIM) from 09 December 2014. In this case, the Court looks at the framework for the proof of right-preserving use. The focus here is on the evidential value of assurances under oath made by a person associated with the owner of the affected trade mark – per se and in connection with further use material. The Court also looks at the evidential value of products which have been the object of a market analysis in the magazine TEST by Stiftung Warentest. Those subscribing to WTR Daily can see the entire article here.