A clash of liability in contract and tort in an IPR environment: Case analysis C-666/18 – IT Development SAS v Free Mobile SAS

Back in 2019 the Court of Justice of the European Union (CJEU, the Court) was faced with a request for a preliminary ruling from the Paris Court of Appeal related to a dispute that arose from an alleged breach of a software licensing agreement. The case (C‑666/18) that was ultimately decided by the CJEU by…Continue reading A clash of liability in contract and tort in an IPR environment: Case analysis C-666/18 – IT Development SAS v Free Mobile SAS

Distance contracts under the Consumer Rights Directive /part 2 – the right of withdrawal/

Article 9 of Directive 2011/83/EU on consumer rights (Consumer Rights Directive, CRD) establishes the right of the consumer to withdraw from a distance contract within a period of 14 days and without giving any reason or incurring any penalty. The rationale behind such a right of withdrawal stems from the fact that under a distance…Continue reading Distance contracts under the Consumer Rights Directive /part 2 – the right of withdrawal/

Distance contracts under the Consumer Rights Directive /part 1 – Information requirements/

Directive 2011/83/EU on consumer rights (Consumer Rights Directive/CRD) defines a “distance contract” as a contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme, without the simultaneous physical presence of these two parties and with the exclusive use of one or more means of distance communication up to and…Continue reading Distance contracts under the Consumer Rights Directive /part 1 – Information requirements/

Copyright protection of computer programs – advantages and disadvantages

Back in the late 1960s, the trend of “unbundling” software from hardware lead to a significant expansion of the software industry and triggered a clear necessity for the introduction of legal mechanisms for protection of computer programs. A central issue in the debates that followed in the next decades was whether legal protection should be…Continue reading Copyright protection of computer programs – advantages and disadvantages