Month: March 2012

Posted in Art. 5 TMD, CJEU, due cause, good faith, reputed trade marks, trade mark use, trade marks

Trade Mark Functions – New Chance for CJEU
British IPO just reported a new reference for prelimary ruling – Leidseplein Beheer B.V. and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland B.V. C-65/12, which deals with following interesting question: Is Article 5(2) of Directive 89/104/EEC to be interpreted as meaning that there
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Posted in copyright, events, Free Software

Budapest: Use of FLA outside of the Free Software Communities?
Next week, I will be having presentation “Use of FLA outside of the Free Software Communities?” at workshop “V 4 paradigm shift in copyright” in Budapest (see details). The talk will discuss following: The copyright law sometimes gives authors more rights than they actually want. Certain communities overcome this problem by developing standard legal documents
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Posted in blocking, censorship, child pornography, EU

New Directive: Measures Against Websites Disseminating Child Pornography
Huťko just bumped to the new Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography. I recall the debate about this paragraph in the European parliament, but then I forgot to follow the discussion to the end. It looks like Member States shall bring into
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Posted in CJEU, data protection, EU, search engines

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine
Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in
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