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5 - Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective

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Published online by Cambridge University Press:  29 December 2020

Niklas Bruun
Affiliation:
Hanken School of Economics (Finland)
Graeme B. Dinwoodie
Affiliation:
Chicago-Kent College of Law
Marianne Levin
Affiliation:
Stockholm University Department of Law
Ansgar Ohly
Affiliation:
Ludwig Maximilian University of Munich Faculty of Law
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Summary

Some years before the EU Commission undertook a renewed effort to further harmonize existing copyright law by proposing, in 2016, its so-called copyright package,2 the German Association for the Protection of Intellectual Property (GRUR) had organized a panel including a representative of the Commission and a member of the Court of Justice of the European Union (CJEU). The question to be considered was the role of the CJEU in the process of harmonizing EU copyright law. The representative of the CJEU answered that, of course, the CJEU limits itself to merely interpreting existing EU law and certainly does not fill in the gaps left by the EU legislature. To this answer the representative of the Commission replied, with a smile on her face, that in view of the difficulties of further harmonizing the copyright laws of the EU Member States the Commission was quite happy with the way in which the CJEU had been “interpreting” the existing copyright Directives.

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Transition and Coherence in Intellectual Property Law
Essays in Honour of Annette Kur
, pp. 68 - 82
Publisher: Cambridge University Press
Print publication year: 2021

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