[Editor's note] Like most countries and regions in the world, The rulings of the Court of Justice of the European Union have important guiding significance and predictive value for understanding the legal norms of the European Union. Esabaril (ELZABURU) At the beginning of each year, typical cases of the Court of Justice of the European Union in the previous year are summarized and published, And a brief review of each case, In order to help customers and partners to understand the EU intellectual property norms. Given the importance of Chinese customers and partners, We try to publish the Chinese version of typical cases on a weekly basis, It is convenient for Chinese partners to learn the latest information in a timely manner. 　　

[background] 　　Christie' s France SNC (Hereinafter referred to as "Christie' s" ) It's an art auction house. 2008 years, The auction house added a provision to its general terms of sale, Require that any artwork sold by the auction house be subject to resale royalties paid by the art buyer to the auction house (resaleroyalty) . Christie' s After collecting the above fees in the name of the art seller, To the corresponding copyright collective administration organization. SNA is Christie' s competitor, It holds that the latter's sales conduct in accordance with the above disputed sales terms constitutes unfair competition, At the same time, this article violates the member states' intellectual property laws on resale royalties. The Paris Court of Appeal ruled that the disputed sales clause was invalid, subsequently Christie' s Appeal to the Supreme Court of Appeal. The court decided to stay the case, And asked the European Court of Justice (Court of Justice) adjudication: "Directive of the European Parliament and of the Council on the right of recourse to the original authorship of artistic works (The first 2001/84/EC No) " (Hereinafter referred to as " "European Union regulation 2001/84/EC Number instruction" " ) The first 1. 4 Article should be read as, It is the seller who ultimately bears the cost of resale royalties? 　　

[conclusion] 　　Set up for the benefit of the original author of an artwork "Right of renewal (resale right) " , It is commonly known as "Right of recourse (droitde suite) " , As the literal meaning suggests, It means that the original author of a work of art is entitled to a pro rata share of the proceeds from the subsequent resale of his or her work. Despite this concept of entitlement 2011 Harmonized within the European Community in 2000, but "European Union regulation 2001/84/EC Number instruction" There is no comprehensive provision for the operation of that right, Many problems remain, For example, Identify the resale royalty payer. "European Union regulation 2001/84/EC Number instruction" The first 1. 4 Article provision: "The seller shall pay resale royalties. Member States may provide for sellers other than those referred to in paragraph 2 of this article (Art market professionals) A natural person or legal entity alone, Or share with the seller the obligation to pay resale royalties" . To settle the dispute in this case, The European Court of Justice found a distinction necessary "Payment agent for resale royalties" and "Ultimate liability for resale royalty costs" . The European Court of Justice held that, "European Union regulation 2001/84/EC Number instruction" Only the former is stipulated, The latter is not defined. Therefore, European court of justice ruling, Christie' s The general terms of sale provide for resale royalties to be paid by the final purchaser, It does not violate EU law. 　　

[comment] 　　set "Right of recourse" The sole purpose is to ensure that the original artist can share in the profits of subsequent resale of his work, To balance out the excessive gap between the price at which an author originally sold his work and the price at which an art market professional resells the work. To achieve the above purpose, The European Court of Justice held that, The objective of harmonizing the provisions on recourse within the EU Community should be limited to, Make sure the author actually gets the money, It also allows member states to define the payers and the ultimate cost bearers.

　　compile: Liu Dan, Esabarry Legal Counsel　　source: Esabaril (ELZABURU) Intellectual property rights