Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
5 - Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
from A - Forms and Institutions
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- A Forms and Institutions
- 1 Transitional Provisions in Intellectual Property Legislation
- 2 Judicial Creativity and Transitions in EU Intellectual Property Law
- 3 Before and after Designers Guild: Another Look at Appellate Deference in New Zealand’s Copyright Law
- 4 EU Design Law: Transitioning Towards Coherence? Fifteen Years of National Case Law
- 5 Copyright and the CJEU: Some Structural Deficits as Seen from a German Perspective
- B International Commitments and Constraints
- C New Agents and the Challenge of New Technologies
- Part II Coherence
- Conclusion
- Cambridge Intellectual Property and Information Law
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.
- Type
- Chapter
- Information
- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 68 - 82Publisher: Cambridge University PressPrint publication year: 2021