Collective rights management

2018

 

IPPT20180807, CJEU, SNB-REACT v Deepak Mehta

Member States are required under article 4(c) of the EU Enforcement Directive to recognize a body collectively representing trade mark proprietors as a person entitled to seek, in its own name, the application of the remedies laid down in the EU Enforcement Directive and to bring legal  proceedings, in its own name, on condition that that body is regarded by national law as having a direct interest in the defence of such rights and that that law allows it to bring legal proceedings to that end, these being matters for the referring court to verify. Articles 12 to 14 of the Directive on Electronic Commerce apply to the provider of an IP address rental and registration service allowing the anonymous use of internet domain names, inasmuch as that service comes within the scope of one of the categories of service referred to in those articles and meets all the corresponding conditions, in so far as the activity of such a service provider is of a merely technical, automatic and passive nature,  implying that he has neither knowledge of nor control over the information transmitted or cached by his customers and in so far as he does not play an active role in allowing those customers to optimise their online sales activity, these being matters for the referring court to verify.