Can warehouse storage of copyright-infringing products be considered an act of distribution? AG Campos advises CJEU to rule 'yes'
Old Town in Stockholm Can the right of distribution under Article 4 of the InfoSoc Directive come into consideration in relation, not just to the sale of counterfeit garments bearing a copyright-protected motif, but also the storage of such garments in a warehouse? More generally: how far does the control of the copyright holder go in relation to unauthorized uses of their works? Readers will remember that over time the Court of Justice of the European Union (CJEU) has interpreted expansively the scope of, inter alia, the right of distribution, and got to the point of holding - in Dimensione Direct Sales [Katposts here ] - that even the advertisement for sale (not necessarily followed by an actual sale) of a copyright work may fall within the scope of Article 4. In a context of this kind, as a result, the questions that the Swedish Supreme Court has referred in Syed , C-572/17 are not surprising: When goods bearing a protected motif are unlawfully offered for sale in a s...