AG Hogan advises CJEU to rule that disclosure of evidence in court proceedings is not a communication to the public

Nedim Malovic

Journal of Intellectual Property Law and Practice, 2021, vol. 16, issue 1, 17-18

Abstract: Opinion of Advocate General Hogan in Case C-637/19 BY v CX, EU:C:2020:650, 3 September 2020In his Opinion on 3 September 2020, Advocate General (AG) Hogan advised the Court of Justice of the European Union (CJEU) to rule that the electronic transmission by a party to proceedings of protected materials as evidence to a court does neither constitute a communication nor a distribution to the public under, respectively, Articles 3(1) and 4(1) of Directive 2001/29 (the InfoSoc Directive).

Date: 2021
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