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.
The French government has a new plan for Europe that could help the EU compete with the US tech giants: the digital commons.
The International Association of Library Associations and Institutions (IFLA), PAC Centre for digital preservation, hosted at the National Library of Poland is holding a series of 10 webinars on basic understanding of digitisation projects.
Communia, a non-governmental organisation that advocates for policies that expand the public domain and increase access to and reuse of culture and knowledge, issued twenty new copyright policy recommendations for the next decade.
The DSM Directive entered into force in June 2019 and the deadline for implementation expired on 7 June 2021. On 23 June 2021, the Commission launched multiple infringement procedures and sent letters of formal notice to Slovenia and 22 other Member States that had failed to notify it of the full transposition of the Directive. Slovenia remains among the 14 Member States against which the Commission is continuing the infringement procedure. On 19 May 2022, the Commission sent reasoned opinions to Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden.