Online event: Unfair competition, copyright law and safe harbour

Discussion with Dr. Martin Husovec (London School of Economics and Political Science, Londong), Dr. Zděnek Kučera (Charles University, Prague), Dr. Rudolf Leška (University of Finance and Administration, Prague), moderated by Dr. Matěj Myška (Masaryk University)


19. 11. 2021

Online event – Unfair competition, copyright law and safe harbour 

Date: 26. 11. 2021 

Time: 9.00 CET 
Venue: Online - link will be sent after registration (MS Teams) 
No fee 

Please register for the event here: Microsoft Forms 

Organized by: 
Masaryk University, Faculty of Law, Institute of Law and Technology 
Charles University, Faculty of Law 
Coordinated with the support of European Law Institute’s Special Interest Group (SIG) on Intellectual Property Law 

On 31. 8. 2021 the Czech Supreme Court issued its groundbreaking ruling dealing with liability of operators of hosting services. Unfair competition should provide protection even in the cases where copyright is not actually infringed - it is sufficient that the plaintiff or its members are profiting from someone else's work, regardless of any real harm to the plaintiff or its members (Czech national group of the International Federation of Phonographic Industry). The national safe harbour rules shall not apply, 

Whereas the rightholders laudated this opinion, it raises serious questions as to the (non-) applicability of the safe harbour rules and was even dubbed as “unfair competition on steroids” and deemed as ripe for preliminary reference to the CJEU. 

After the initial comments and discussion all participants are invited to further discuss this judicial development and to also reflect on the broader impact thereof. 


Dr. Martin Husovec (London School of Economics and Political Science) 

Martin Husovec is an Assistant Professor of Law at The London School of Economics and Political Science (LSE). His scholarship deals with questions of innovation policy and digital liberties, in particular, regulation of intellectual property and freedom of expression. 

Martin Husovec obtained his Ph.D. from the Max Planck Institute for Innovation and Competition, and Ludwig Maximilian University in Munich for his work on injunctions against intermediaries (published with Cambridge University Press, 2017). Between 2015-2020, he was Assistant Professor at Tilburg University, the Netherlands, appointed jointly by Tilburg Institute for Law, Technology, and Society (TILT) and Tilburg Law and Economics Center (TILEC). He held visiting appointments at Stanford Law School (2014), the Japanese Institute for Intellectual Property (2015), the Central European University (2018) the European University Institute (2018), and Cambridge University (2019). Martin is a fellow at Stanford Law School’s Center for Internet & Society (CIS), CREATe, and TILEC. 

Dr. Zděnek Kučera (Charles University) 

Head of ICT law Section of Legal Skills Center at Faculty of Law, Charles University, Prague and participates in other academic activities pertaining to IT law at Information Technologies Faculty of the Czech Technical University in Prague. He is a regular guest lecturer at Masaryk University in Brno and in the past was guest lecturer at Shandong University in Weihai, China. As practicing attorney, he specializes in technology contracts, intellectual property law, cybersecurity, telecommunications, media law and data protection. His experience includes also participation in the legal assessments of IT products, company acquisitions, online project structurings, and representing clients in various disputes.  He is also Expert Witness specialising in copyrights. Zdeněk is regularly recommended by the leading international directories and was named “Lawyer of the Year in the Field of Information and Communication Technologies Law” in 2017. 

Dr. Rudolf Leška (University of Finance and Administration) 

Senior Assistant Professor in copyright and media law at the University of Finance and Administration, Prague (Vysoká škola finanční a správní) and associate research fellow for the arts & creative industries research at the Palacký University Olomouc. He serves as current President of ALAI Czech Republic and is a member of the ALAI Executive Committee. His academic research is focused on theatre law, collective management, moral rights and rights of performing artists. Partner at copyright boutique firm ŠTAIDL LEŠKA ADVOKÁTI (Praha - Bratislava), attorney licensed in Czechia and Slovakia representing the entertainment industry and advising with media and copyright related transactions and litigation.  


Dr. Matěj Myška 


Please register for the event here: Microsoft Forms 

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