Post by rajiyakhatun406 on Feb 12, 2024 2:41:22 GMT -5
The Federal Republic of Germany (FRG) commissions weekly update reports on the actions of its armed forces in foreign countries. Funke , which manages the website of a German newspaper, requested access to reports produced between September 2001 and September 2012 . After its request was denied due to the risk of harming the security interests of the armed forces, Funke Medien published a large part of these reports under the title “ Afghanistan Documents ”, which could be consulted on its website accompanied by an introductory commentary, additional links and an invitation to interact.
For this reason, the FRG filed an injunction against Funke for infringement of intellectual property rights over said reports . This claim was upheld in the first and Ecuador Email List second instance, with the court of cassation being the one to refer the preliminary rulings to the CJ. ADVERTISING Pronouncements Before resolving the preliminary questions, the CJ warns that a service can only be protected by intellectual property if it is considered a work ; To do this, it must be original, that is, the product of its author's own intellectual creation, and must reflect his personality, which is demonstrated if he has been able to make free and creative decisions.
This qualification as a work is reserved for elements that are considered creative. The determination of the reports in question as intellectual works is at the discretion of the national court . The first of the preliminary questions is aimed at determining whether, on the one hand, articles 2 a) and 3.1 of Directive 2001/29 , which confer exclusive rights of reproduction and communication, and, on the other, sections 2 and 3 of article 5 of that same legal text that provides for exceptions to these exclusive rights , have a margin of appreciation for their transposition into national law or if, on the contrary, they seek the complete harmonization of these precepts.
For this reason, the FRG filed an injunction against Funke for infringement of intellectual property rights over said reports . This claim was upheld in the first and Ecuador Email List second instance, with the court of cassation being the one to refer the preliminary rulings to the CJ. ADVERTISING Pronouncements Before resolving the preliminary questions, the CJ warns that a service can only be protected by intellectual property if it is considered a work ; To do this, it must be original, that is, the product of its author's own intellectual creation, and must reflect his personality, which is demonstrated if he has been able to make free and creative decisions.
This qualification as a work is reserved for elements that are considered creative. The determination of the reports in question as intellectual works is at the discretion of the national court . The first of the preliminary questions is aimed at determining whether, on the one hand, articles 2 a) and 3.1 of Directive 2001/29 , which confer exclusive rights of reproduction and communication, and, on the other, sections 2 and 3 of article 5 of that same legal text that provides for exceptions to these exclusive rights , have a margin of appreciation for their transposition into national law or if, on the contrary, they seek the complete harmonization of these precepts.