The CJEU judgment in the “Polish challenge” case (C-401/19)
Written By
Prof. Dr. Eleonora Rosati
Of Counsel
Italy
I am an Of Counsel in the IP team, and work between Milan and London on copyright and trade mark issues. I am also a law academic and have authored hundreds of articles on IP issues, including multiple scholarly articles and books on EU IP law.
Pawel Lipski
Partner
Poland
I am a partner based in Warsaw. My main focus is on IP, digital transformation and e-commerce. I combine expertise in contentious IP, technology and retail & consumer regulations.
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In the judgment delivered on 26 April 2022, the Court of Justice of the European Union dismissed the action of the Republic of Poland to annul the Article 17 of Directive 2019/790 on copyright and related rights in the Digital Single Market. The Court ruled that, in drafting Article 17, EU legislature provided appropriate safeguards to protect freedom of expression/information and gave important guidance on the application of the new liability regime in practice.
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