Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/24/2024

Subject: According to the Court, Directive 2001/29/EC and Article 17 of the Charter of Fundamental Rights of the European Union preclude Member States from applying, in national law, the criterion of material reciprocity laid down in the Berna Convention for the Protection of Literary and Artistic Works in respect of a work of applied art the country of origin of which is a third country and the author of which is a national of a third country. It is for the EU legislature alone to provide, by means of EU legislation, whether the grant in the European Union of the rights laid down in directive 2001/29. EU Law does not permit a Member State to apply the criterion of material reciprocity contained in the Berna Convention in respect of a work the country of origin of which is the United States of America.

Parties: Kwantum Nederland e Kwantum België

Classification: Freedoms - Art. 17 Intellectual property

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