The year 2024 has marked significant legal developments across Europe, particularly concerning copyright, trademark, and patent law. The Court of Justice of the European Union (CJEU) has taken an active role, harmonizing legal standards within the EU and addressing challenges posed by digital goods and international copyright issues.
One of the standout cases this year was Kwantum v Vitra, where the CJEU ruled firmly on the applicability of copyright protection for non-EU works. According to the court, "EU law does not allow member states to apply the Berne Convention’s rule of material reciprocity to non-EU works." This decision means international designs will receive the same generous copyright protection within the EU as those originating from member states, significantly leveling the playing field for creators worldwide.
Another significant aspect of copyright law discussed by the CJEU pertains to the question of communicating to the public. The court confirmed in Citadines, "retransmitting signals to TVs in hotel rooms constitutes communication to the public," which poses important questions about licensing and the responsibilities of hotel operators. This echoes previous discussions surrounding digital copyright issues and opens the door to more rigorous enforcement of copyright laws across various sectors.
Adding to the discussion on digital copyright, the French Supreme Court delivered its ruling concerning digital copies of video games. The court determined, “Video game publishers can prohibit the resale of digital copies of their games,” asserting their copyright ownership does not diminish with the initial sale. This law reflects broader trends around digital ownership and consumer rights, raising concerns about consumer access to goods previously owned.
On the trademark front, the UK Supreme Court has also made noteworthy decisions. It ruled on issues surrounding online trademark usage and the circumstances under which such uses would be considered illegal. The court emphasized the subjective nature of consumer perception, determining whether the website’s use was directed at UK consumers.
The UK Court of Appeal has redirected focus toward patent law, particularly surrounding fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents. It highlighted this set of regulations through various rulings, including those by Panasonic against Xiaomi and the broader global FRAND determinations. Notably, following two unsuccessful attempts to claim interim licenses, the court found Panasonic to be "an unwilling licensor" after pursuing claims for foreign injunctions when it previously agreed to enter global licensing negotiations.
Meanwhile, discussions surrounding artificial intelligence (AI) and patents took center stage. The UK Court of Appeal ruled, "AI inventions comprising artificial neural networks are within the exclusion from patentability for ‘computer programs as such,’" which stipulates they are not patentable, pushing for innovations to demonstrate technical contributions. This ruling signifies the challenges presented by rapid advancements in AI technology and correlates with broader discussions about intellectual property rights.
2024 also marked the first full year of operation for the Unified Patent Court (UPC), which has already delivered significant judgments on public accessibility to documents and preliminary injunctions. With notable decisions involving standard-essential patents (SEPs) and FRAND agreements, the UPC is set to influence and potentially redefine the patent system across Europe.
The upcoming year promises to continue spotlighting cases straddling traditional copyright and new technologies, especially involving AI. A high-profile dispute has emerged between the photographer and the AI image dataset creator LAION, which will examine copyright exceptions under German law for AI training. Meanwhile, Getty's lawsuit against Stability AI encompasses complex issues linking intellectual property law with artificial intelligence applications.
Overall, these legal developments not only highlight the interconnectedness of copyright, trademark, and patent laws but also reveal the necessity of adapting to the changing landscapes of technology. The decisions made this year set important precedents as businesses and individuals navigate intellectual property rights amid global advancements and the pressing need for comprehensive digital policy.
