Oleksandr Bulayenko

CEIPI (Strasbourg) / IViR (Amsterdam)

During the past century, intellectual property (IP) law has expanded within and beyond national borders. The field of IP law was once a niche area concerning authors, inventors, and trademark owners. Today, IP law acts as a complex regime of instruments, institutions, and actors that negotiate overlapping, diverging, and occasionally competing publ...

1. Introduction In Europe, website blocking is a popular tool to contrast online copyright and intellectual property rights (IPRs) infringement.¹ The InfoSoc Directive and the IPR Enforcement Directive (IPRED) make available blocking injunction as a remedy to protect IPRs throughout the EU,² although these measures are not implemented and applied i...

On the basis of the analysis of norms, cases and practices in the EU and 12+1 selected Member States (Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Lithuania, Netherlands, Spain, Sweden and UK), this study identifies, describes and compares key aspects of blocking injunctions, with special emphasis on dynamic blocking injuncti...

The French Supreme Court established that businesses using on their premises devices provided by third parties for making background music are performing an act of communication to the public in the sense of Art. L214-1 of the French Intellectual Property Code (CPI). The Court qualified commercially licensed phonograms, also published under Creativ...

Our society is in the midst of an explosion of data: ‘there was 5 exabytes of information created between the dawn of civilization through 2003, but that much information is now created every 2 days, and the pace is increasing’. In 2014, there were 2.4 billion internet users. That number grew to 3.8 billion in 2017 and new data is created by the qu...

Renaissance genius Pico della Mirandola dreamed of making all knowledge accessible in one place. The Proposal for a Directive on Copyright in the Digital Single Market could help Pico’s dream come true. The proposal, inter alia, aims at facilitating wider access to Europe’s cultural heritage through the introduction of a mechanism enabling the use...

This opinion aims at examining the Text and Data Mining (TDM) process and its legal aspects in the context of the Commission’s proposal for a Directive on Copyright in the Digital Single Market, which introduces in its Art. 3 a mandatory exception to copyright allowing for the carrying out of text and data mining of protected works. The discussion...

The possibility of the EU member states to adapt copyright legislation to new circumstances and to address unforeseen issues is limited by the list of exceptions and restrictions of the InfoSoc Directive. In spite of this constraint, the EU copyright framework provides for a possibility of introduction of non-voluntary forms of collective rights ma...