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Switzerland: Federal Supreme Court Holds Access Providers Not Obligated to Block Websites to Stop Copyright Infringements

(Apr. 24, 2019) On February 8, 2019, the Swiss Federal Supreme Court (Bundesgericht, BG) held that access providers are not obligated to block websites to stop copyright infringements, because the Court deemed their contributions to the infringements to be not legally relevant. (BG, Feb. 8, 2019, Docket No. 4A_433/2018, BG website (in German).) Facts of the Case […]

South Africa: National Assembly Passes Copyright Amendment Bill, Adopts Expansive Fair Use Exception

(Dec. 21, 2018) On December 5, 2018, South Africa’s National Assembly, one of the houses of the country’s bicameral legislature, passed the Copyright Amendment Bill, 2017, which seeks to amend the 1978 Copyright Act. (Mercedes Besent, Copyright Amendment Bill Passed, SABC NEWS (Dec. 6, 2018); Copyright Act No. 98 of 1978 (hereinafter “the principal Act”), National […]

China: Supreme People’s Court Designated as Appeals Court for Highly Technical IP Cases

(Nov. 29, 2018) On October 26, 2018, China’s National People’s Congress (NPC) Standing Committee issued the Decision on Several Issues Concerning the Litigation Procedures in Patent and Other Intellectual Property Cases (Decision). Effective January 1, 2019, the Decision designates the Supreme People’s Court (SPC), the highest court in China, as the appeals court to hear […]

China: Supreme Court Issues Rules on Internet Courts, Allowing for Blockchain Evidence

(Sept. 21, 2018) On September 3, 2018, China’s Supreme People’s Court (SPC) issued a judicial interpretation on the hearing of cases by the country’s newly created internet courts. Taking effect on September 7, 2018, the SPC Provisions on the Hearing of Cases by Internet Courts (SPC Interpretation) allows evidence stored and verified on blockchain platforms […]

European Union: European Court of Justice Strengthens Rights of Copyright Holders

(Aug. 24, 2018) On August 7, 2018, the European Court of Justice (ECJ) held that the download and subsequent posting on a website of a photograph that has previously been published on another website with the consent of the author and was freely accessible requires new consent from the copyright holder. The upload of such […]

Australia: Bills Containing New Espionage, Foreign Interference Offenses, and Establishing Foreign Agent Registry Enacted

(Aug. 21, 2018) On June 28, 2018, the Australian Parliament passed the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018 (Cth) (the Bill). (National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2018, Parliament of Australia website; National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cth), Federal Register of Legislation website.) The Bill […]