Enforcement Of Intellectual Property Rights In The Eu Member States

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Enforcement of Intellectual Property Rights in the EU Member States

Flip Petillion
Enforcement of Intellectual Property Rights in the EU Member States Book PDF

Author : Flip Petillion
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2019
Category : Intellectual property
ISBN : 1780686811

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Enforcement of Intellectual Property Rights in the EU Member States by Flip Petillion Pdf

Enforcement of Intellectual Property Rights in the EU Member States provides a timely overview and thorough analysis of intellectual property rights enforcement in the EU Member States. Taking legal action in one or several countries in the EU to enforce intellectual property rights is quite a challenge. The adoption of European Directive 2004/48/EC on the Enforcement of Intellectual Property Rights was meant to put a halt to considerable discrepancies in national legislations which caused uncertainty and a difference in enforcement between the EU Member States. The Enforcement Directive aimed to create a level playing field and to ensure a high, equivalent and homogeneous level of intellectual property protection across the EU.Over the past decade, the Enforcement Directive has been transposed into all EU Member States, in national legislation and through its application in national and EU case law. Both are essential to understand the Enforcement Directive's actual scope of application. In order to prepare and undertake an action in different countries potentially simultaneously knowledge of national legislation, local custom and practice, as well as procedural law, national and EU case law is essential.This book is a collaborative effort of lawyers from top tier firms from all 28 EU Member States. It is a valuable resource for both practitioners who are active cross-border and internationally and general counsel who seek an in-depth analysis of the legal landscape across the EU.

Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure

George Cumming,Mirjam Freudenthal,Ruth Janal
Enforcement of Intellectual Property Rights in Dutch English and German Civil Procedure Book PDF

Author : George Cumming,Mirjam Freudenthal,Ruth Janal
Publisher : Kluwer Law International B.V.
Page : 334 pages
File Size : 51,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127266

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Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure by George Cumming,Mirjam Freudenthal,Ruth Janal Pdf

EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.

Intellectual Property Rights in Central and Eastern Europe

Elmar Altvater,Kazimiera Prunskienė
Intellectual Property Rights in Central and Eastern Europe Book PDF

Author : Elmar Altvater,Kazimiera Prunskienė
Publisher : IOS Press
Page : 200 pages
File Size : 51,8 Mb
Release : 1998
Category : Business & Economics
ISBN : 9051994184

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Intellectual Property Rights in Central and Eastern Europe by Elmar Altvater,Kazimiera Prunskienė Pdf

The establishment of Intellectual Property Rights is of utmost importance for the functioning of the market mechanism in a modern economy based more and more on trade in services and software products. Most Central and Eastern European Countries already dispose on systems of Intellectual Property Rights protection. The law enforcement mechanism in a series of countries, however, must still be strengthened. In one section of the book, the authors give an overview on the institutionalisation of Intellectual Property Rights in Central and Eastern Europe and in some successor states of the former Soviet Union with special regard to Russia. Moreover, Intellectual Property Rights systems in the United States and Western Europe are compared and the rules of WTO were taken under consideration in order to find out their potential for fostering (or hampering) the central and eastern European process of transition. Finally, a deliberation on the historical grounds and theoretical foundations of individual and common property rights with regard to economic and technological innovation is included into the collection. The volume gives a comprehensive overview on the state of Intellectual Property Rights institutionalisation in the course of the process of transition in Central and Eastern Europe.

European Intellectual Property Law

Justine Pila,Paul Torremans
European Intellectual Property Law Book PDF

Author : Justine Pila,Paul Torremans
Publisher : Oxford University Press, USA
Page : 712 pages
File Size : 50,9 Mb
Release : 2019-08-08
Category : Law
ISBN : 9780198831280

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European Intellectual Property Law by Justine Pila,Paul Torremans Pdf

European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.

Enforcement of Intellectual Property Rights through Border Measures

Olivier Vrins,Marius Schneider
Enforcement of Intellectual Property Rights through Border Measures Book PDF

Author : Olivier Vrins,Marius Schneider
Publisher : OUP Oxford
Page : 0 pages
File Size : 49,8 Mb
Release : 2012-07-05
Category : Law
ISBN : 0199692939

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Enforcement of Intellectual Property Rights through Border Measures by Olivier Vrins,Marius Schneider Pdf

Fully updated to take account of recent legislation and guidance, this practical analysis of anti-counterfeiting and anti-piracy measures at EU borders provides a root and branch examination of the legislation and procedure in the jurisdictions of all Member States of the EU, offering a critical discussion of the latest practices.

Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights

Olivier Vrins
Regulation EU No 608 2013 Concerning Customs Enforcement of Intellectual Property Rights Book PDF

Author : Olivier Vrins
Publisher : Kluwer Law International B.V.
Page : 436 pages
File Size : 53,6 Mb
Release : 2018-01-31
Category : Law
ISBN : 9789041192462

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Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights by Olivier Vrins Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

New Developments in EU and International Copyright Law

Irini A. Stamatoudi
New Developments in EU and International Copyright Law Book PDF

Author : Irini A. Stamatoudi
Publisher : Kluwer Law International B.V.
Page : 522 pages
File Size : 53,9 Mb
Release : 2016-02-23
Category : Law
ISBN : 9789041159991

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New Developments in EU and International Copyright Law by Irini A. Stamatoudi Pdf

More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.

Implementation of the EU Enforcement Directive in the Baltic Countries

Kristina Janušauskaitė
Implementation of the EU Enforcement Directive in the Baltic Countries Book PDF

Author : Kristina Janušauskaitė
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 48,8 Mb
Release : 2010
Category : Intellectual property
ISBN : 3832957847

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Implementation of the EU Enforcement Directive in the Baltic Countries by Kristina Janušauskaitė Pdf

How did the implementation of the EU Enforcement Directive on intellectual property (IP) rights - which was adopted just before the expansion of the EU in May 2004 - affect new EU Member States? This dissertation focuses on three Baltic countries (Lithuania, Latvia, and Estonia), examining the collected information on the most relevant historic, social, economic, and legal factors of each. The study leads to certain observations on what impact the listed factors made on the implementation of the Directive in that region, how they changed the "IP enforcement mechanisms," case practice which existed before the adoption of the Directive, and what IP rights holders can expect when litigating in the Baltics. The book provides a bigger picture on what the aims and objectives of the Directive were and how they were actually reflected in the current IP enforcement practice of the so-called countries in transit, where effective enforcement of IP rights is essential. Dissertation.

EU Intellectual Property Law and Policy

Catherine Seville
EU Intellectual Property Law and Policy Book PDF

Author : Catherine Seville
Publisher : Edward Elgar Publishing
Page : 483 pages
File Size : 51,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848447462

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EU Intellectual Property Law and Policy by Catherine Seville Pdf

The author has succeeded in her chief aim in writing this book to introduce a compact and accessible account of EU intellectual property law. . . this book is a useful background and excellent starting point for understanding EU intellectual property law. Jamil Ammar, European Intellectual Property Review This book s innovative contribution is to view EU IP law as a subject in its own right, not just an extra to accounts of national law. The very up-to-date coverage strikes an excellent balance between detail and overview, while Dr Seville also discusses thoughtfully the wider international frameworks, policy issues and debates in which development of EU IP law is enmeshed. Dr Seville fully deserves the gratitude of IP lawyers and students for this outstandingly helpful study. Hector Macqueen, Edinburgh Law School, UK The book is as timely as it is well-written and thorough. The contributions of the EU to most aspects of intellectual property law are increasingly dominant. This treatment places them apart from the national laws of member states, thus emphasising the common core that now they provide. Many will want to study this presentation. William R. Cornish, University of Cambridge, UK Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate. The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its detailed references, cross-referencing and suggestions for further readings, EU Intellectual Property Law and Policy is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.

International Copyright Law: U.S. and E.U. Perspectives

Jane C. Ginsburg,Edouard Treppoz
International Copyright Law U S and E U Perspectives Book PDF

Author : Jane C. Ginsburg,Edouard Treppoz
Publisher : Edward Elgar Publishing
Page : 880 pages
File Size : 41,7 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781783477982

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International Copyright Law: U.S. and E.U. Perspectives by Jane C. Ginsburg,Edouard Treppoz Pdf

This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc

Intellectual Property Rights as Obstacles to Legitimate Trade?

Christopher Heath,Anselm Kamperman Sanders,Anke Moerland
Intellectual Property Rights as Obstacles to Legitimate Trade Book PDF

Author : Christopher Heath,Anselm Kamperman Sanders,Anke Moerland
Publisher : Kluwer Law International B.V.
Page : 228 pages
File Size : 42,5 Mb
Release : 2018-09-20
Category : Law
ISBN : 9789403502052

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Intellectual Property Rights as Obstacles to Legitimate Trade? by Christopher Heath,Anselm Kamperman Sanders,Anke Moerland Pdf

Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.

Constructing European Intellectual Property

Christophe Geiger
Constructing European Intellectual Property Book PDF

Author : Christophe Geiger
Publisher : Edward Elgar Publishing
Page : 497 pages
File Size : 43,6 Mb
Release : 2013
Category : Law
ISBN : 9781781001646

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Constructing European Intellectual Property by Christophe Geiger Pdf

'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.

European Intellectual Property Law

Annette Kur,Max Planck,Thomas Dreier
European Intellectual Property Law Book PDF

Author : Annette Kur,Max Planck,Thomas Dreier
Publisher : Edward Elgar Publishing
Page : 593 pages
File Size : 46,9 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781953648

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European Intellectual Property Law by Annette Kur,Max Planck,Thomas Dreier Pdf

'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.

Intellectual Property Laws of Europe

George Metaxas-Maranghidis
Intellectual Property Laws of Europe Book PDF

Author : George Metaxas-Maranghidis
Publisher : Wiley
Page : 664 pages
File Size : 55,6 Mb
Release : 1995-07-12
Category : Law
ISBN : 0471952125

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Intellectual Property Laws of Europe by George Metaxas-Maranghidis Pdf

Organized for rapid access, this handy resource provides a country-by-country analysis with regard to the protection of copyright, patents, trademarks, utility models and designs across Europe. Every chapter is contributed by an expert local to each jurisdiction. Highlights and explains significant practical differences between the laws of each member of the European Union. Covers the following subjects as they apply to the main intellectual property rights: substantive conditions, definition of authorship/ownership, formal requirement to apply for protection, contents and restrictions on exploitation of individual rights, protection in practice and international aspects of the rights.

Copyright and the Court of Justice of the European Union

Eleonora Rosati
Copyright and the Court of Justice of the European Union Book PDF

Author : Eleonora Rosati
Publisher : Oxford University Press
Page : 513 pages
File Size : 47,7 Mb
Release : 2023-10-05
Category : Law
ISBN : 9780198885696

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Copyright and the Court of Justice of the European Union by Eleonora Rosati Pdf

First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.