Celebrating World IP day 2022 with CJEU (C-401/19)
World IP day 2022 was marked by the CJEU release of the highly anticipated judgement in case C-401/19, Poland v Council and Parliament. At IPI, this day is traditionally celebrated by rounding up the pros and cons of last year’s IP landscape in Slovenia.
The previous year was marked by the troublesome implementation of the DSM Directive in Slovenia. With the interest and professional support expressed by the public for the implementation of the act – the deadline for which expired on 7 June 2021 – the biggest disappointment in 2021/2022 is the fact that the DSM Directive is still not implemented!
At the same time, this gives us hope that we can still correct the harmful provisions that are currently meant to implement the DSM Directive. In 2021, the interested public de facto took on the professional role of the government and the legislator and prepared a rich offer of proposals for implementation, which makes the implementation in line with the requirements of the CJEU in the new judgment C-401/19 possible and, after all, fairly easy on the legislator.
The Court ruled that, when transposing Article 17 of the Directive into national law, Member States must ensure that they rely on an interpretation of that provision which allows a fair balance to be struck between the various fundamental rights protected by the Charter.
ChatGPT poses difficult questions in the field of authorship as well as in the field of ethics in science (and also in other fields where independent work is required).
How does the right to education and science limit copyright law?
In June 2022, Communia launched a competition for the best implementation of the Directive on copyright and related rights in the Digital Single Market (DSM Directive). The “Eurovision DSM contest” aims to track the implementation of the DSM Directive in the 27 EU member states.