On December 4, 2014, Advocate General Cruz Villalón returned to the copyright scene with his Opinion in Case Dimensione Direct Sales and Labianca (Case C-516/13 Dimensione Direct Sales and Labianca).
This is a reference for a preliminary ruling from the Bundesgerichtshof (Germany), seeking clarification as regards the right of distribution within Article 4 of the InfoSoc Directive (Directive 2001/29/EC of the European Parliament and of the Council, of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society).
Knoll International SpA is an Italian company that trades in furniture. On the other hand, Dimensione Direct Sales is also an Italian company that trades in furniture. Apparently, between 2005 and 2006 Dimensione Labianca offered for sale in Germany items that would infringe copyright in furniture to which Knoll International owns the copyright.
Litigation ensued before German courts, and Knoll succeeded at both first instance and appeal. The case eventually reached the Bundesgerichtshof, that decided to stay the proceedings and seek guidance from the CJEU.
The Advocate General noted that in this case Dimensione Direct Sales made clear its intention to market the alleged infringing furniture, but no sale or actual delivery of infringing goods actually occurred.
He held that Article 4(1) of the InfoSoc Directive must be interpreted in the sense that the right to distribution within the meaning of that provision includes the right of the copyright owner of the original or copies thereof to prohibit anyone from offering for sale to the public said original or the copies without his/her consent, provided that such offer displays a clear intention to conclude a contract that would involve the transfer of ownership over the original or the copies of a work.
See the Advocate General’s Opinion here: https://www.uaipit.com/en/jurisprudencia/702/Asunto-C-516-13--Conclusiones-del-Abogado-General--DIMENSIONE-DIRECT-SALES-SRL--MICHELE-LABIANCA-v--KNOLL-INTERNATIONAL-SpA
See Directive 2001/29/EC of the European Parliament and of the Council, of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society here: https://www.uaipit.com/en/legislacion/3071/Directiva-2001-29-CE-del-Parlamento-Europeo-y-del-Consejo--de-22-de-Mayo-de-2001--Relativa-a-la-Armo
Written by: Lida Hernández
Source: http://ipkitten.blogspot.com.es/2014/12/breaking-ag-cruz-villalon-says.html
Image: Canon EOS 50D. Under creative commons license (CC BY-NC- 2.0)
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