Case C-201/22, Telia Finland: Judgment of the Court (Fifth Chamber) of 23 November 2023 (request for a preliminary ruling from the Korkein oikeus — Finland) — Kopiosto ry v Telia Finland Oyj (Reference for a preliminary ruling — Intellectual property rights — Directive 2014/26/EU — Collective management of copyright and related rights — Collective management organisation — Directive 2004/48/EC — Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights — Article 4 — Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC — Collective management organisation authorised to carry out extended collective licensing — Standing to bring proceedings for the defence of intellectual property rights)
Date: 2023-11-23
Institutions: Court of Justice
Subjects: civil proceedings, copyright, trade licence








C_202400606EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/606


15.1.2024





Judgment of the Court (Fifth Chamber) of 23 November 2023 (request for a preliminary ruling from the Korkein oikeus — Finland) — Kopiosto ry v Telia Finland Oyj
(Case C-201/22, (1) Telia Finland)
(Reference for a preliminary ruling - Intellectual property rights - Directive 2014/26/EU - Collective management of copyright and related rights - Collective management organisation - Directive 2004/48/EC - Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights - Article 4 - Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC - Collective management organisation authorised to carry out extended collective licensing - Standing to bring proceedings for the defence of intellectual property rights)
(C/2024/606)
Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings


Applicant: Kopiosto ry

Defendant: Telia Finland Oyj

Operative part of the judgment







1.


Article 4(c) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights
must be interpreted as meaning that, in addition to the condition relating to the direct interest in the defence of the rights concerned, recognition of the status of intellectual property collective rights-management bodies to seek, in their own name, the application of the measures, procedures and remedies provided for in Chapter II of that directive is subject to the standing of those organisations to bring legal proceedings for the purposes of defending intellectual property rights, which may result from a specific provision to that effect or from general procedural rules.










2.


Article 4(c) of Directive 2004/48
must be interpreted as meaning that, as EU law currently stands, Member States are not required to recognise that intellectual property collective rights-management bodies which are regularly recognised as having a right to represent holders of intellectual property rights have a direct interest in seeking, in their own name, the application of the measures, procedures and remedies provided for in Chapter II of that directive in the event that the existence of a direct interest in the defence of the rights concerned in respect of those bodies does not follow from the applicable national legislation.






(1)  
            OJ C 207, 23.5.2022.


ELI: http://data.europa.eu/eli/C/2024/606/oj
ISSN 1977-091X (electronic edition)