Abstract
At present, a question arises as to whether the state of the law is keeping up with the pace of technological developments and whether it is necessary to amend national laws and European law or not. The Czech Republic is no exception. Currently, the principle of exhaustion of IP rights on digital media is subject to public discussion. A definitive answer can be only provided by a decision of the Supreme Court of the Czech Republic, which has yet to receive a case that would address this legal problem. As the Czech Republic is part of the European Union, the interpretation of the national laws has to be also compliant with the EU directives and the interpretation of the ECJ/CJEU of these directives. This paper mainly focuses on the issue of copyright exhaustion, as copyright/author’s rights are the most frequent rights that apply to digital media and online industry, and also on the exhaustion of trademark rights.
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Notes
- 1.
This provision is in line with the principle outlined by the ECJ in the case Warner Brothers Inc. and Metronome Video Aps v. Erik Viuff Christiansen C-158/86 and also Directive 2001/29/ES. This means that purchasing an original or copy of author’s work in a tangible form does not allow the purchaser to use the author’s work by way of its rental or lending to third parties.
- 2.
1 May 2004.
- 3.
This interpretation has been confirmed by the CJEU in the case UsedSoft GmbH v. Oracle International Corp. C-128/11 of 3 July 2012—paragraph 55, 59.
- 4.
Paragraph 20 of the Information Society Directive preamble; confirmed by CJEU in case C-128/11 in paragraph 56.
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© 2016 Springer International Publishing Switzerland
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Pomaizlova, K. (2016). Czech Republic. In: Kilpatrick, B., Kobel, P., Këllezi, P. (eds) Compatibility of Transactional Resolutions of Antitrust Proceedings with Due Process and Fundamental Rights & Online Exhaustion of IP Rights. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Cham. https://doi.org/10.1007/978-3-319-27158-3_23
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DOI: https://doi.org/10.1007/978-3-319-27158-3_23
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