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Poland’s challenge to Article 17 CDSM Directive fails before the CJEU, but Member States must implement fundamental rights safeguards

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  • Bernd Justin Jütte

Abstract

The Court of Justice of the European Union (CJEU) has dismissed Poland’s action for annulment of the new copyright liability regime for specific online platforms but subjected its implementation to strict fundamental rights control. As a result, national implementations must ensure that the rights of users are given sufficient protection against preventive blocking and filtering of content uploads.

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  • Bernd Justin Jütte, 2022. "Poland’s challenge to Article 17 CDSM Directive fails before the CJEU, but Member States must implement fundamental rights safeguards," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 17(9), pages 693-695.
    • Handle: RePEc:oup:jiplap:v:17:y:2022:i:9:p:693-695.
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    File URL: http://hdl.handle.net/10.1093/jiplp/jpac076
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