Case C‑572/17
Criminal proceedings
against
Imran Syed
(Request for a preliminary ruling from the Högsta domstolen)
(Reference for a preliminary ruling— Copyright and related rights— Directive 2001/29/EC— Article4(1)— Distribution right— Infringement— Goods bearing a copyrighted motif intended for sale— Storage for commercial purposes— Storage facility separate from place of sale)
1.Approximation of laws— Copyright and related rights— Directive 2001/29— Harmonisation of certain aspects of copyright and related rights in the information society— Distribution to the public— Meaning— Offer for sale or advertisement of works protected by copyright not leading to the purchase of the original or copies— Included— Right of the holder of the exclusive distribution right to oppose such practices
(European Parliament and Council Directive 2001/29, Art. 4(1))
2.Approximation of laws— Copyright and related rights— Directive 2001/29— Harmonisation of certain aspects of copyright and related rights in the information society—Distribution to the public— Meaning—Storage by a retailer of goods intended for sale in the territory of a Member State bearing a motif protected by copyright in that territory— Included— Condition— Offer for sale, in the retailer’s shop, of identical goods without the authorisation of the copyright holder
(European Parliament and Council Directive 2001/29, Art. 4(1))
1.See the text of the decision.
(see paras 21-25)
2.Article4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the storage by a retailer of goods bearing a motif protected by copyright on the territory of the Member State where the goods are stored may constitute an infringement of the exclusive distribution right, as defined by that provision, when that retailer offers for sale, without the authorisation of the copyright holder, goods identical to those which he is storing, provided that the stored goods are actually intended for sale on the territory of the Member State in which that motif is protected. The distance between the place of storage and the place of sale cannot, on its own, be a decisive element in determining whether the stored goods are intended for sale on the territory of that Member State.
(see para. 40, operative part)