CJEU on the protection conferred by the exclusive distribution right of copyright protected goods

Print this page 20-12-2018
IPPT20181219, CJEU, Syed

Copyright - The storage by a retailer of copyright protected goods identical to those which he is selling may constitute an infringement of the exclusive distribution right meant in article 4(1) InfoSoc Directive: an act prior to the actual sale of a work or a copy thereof may infringe the distribution right, in that case it should established that those goods are actually intended to be sold to the public without the rightholder’s authorisation, it cannot be inferred from the mere fact that the stored goods and the goods sold in the person’s shop are identical that the storage constitutes an act carried out with the aim of making a sale on the territory of the Member State in which those goods are protected by copyright, as regards the determination of the purpose of the goods considered, account must be taken of all factors, including the distance between the storage facility and the place of sale, the regular restocking of the shop with goods from the storage facilities at issue, accounting elements, the volume of sales and orders as compared with the volume of stored goods, or current contracts of sale.

 

IPPT-version to follow

 

ECLI:EU:C:2018:1033 - C572/17