In the end of the last year Slovak parliament passed (and President signed) so called anti-plagiarism amendment of the Act on Schools of Higher Education (hereinafter as “the Act”). This amendment basically legislates that each student of Slovak university have to give his consent (license) to have his thesis published online, otherwise he wont be
This is very interesting stuff. In case I. ZR 39/08 German Bundesgerichtshof decided that deeplinkig could in some cases lead to infringement of technological protection measures. Namely, if a deep link bypassed technical measures taken by the copyright holder to ensure that its protected works could only be accessed by certain users or through certain
Posted in community involvement, enforcement, EU, intellectual property
There are two important things I would like to draw your attention to. Firstly, prominent European Academics composed a brief letter analysing ACTA provisions and now they are calling for your important assistance. Please take few seconds to symbolically support their effort for balanced IP rights enforcement in EU by signing here. Secondly, European Commission
Posted in Court of Justice, e-commerce, EU, injunctions, ISP, safe harbours
Scarlet Extended C-70/10 dealing with the scope of injunctions against the intermediary (filtering methods) is one of the highlights of this year. Thanks to LINX you can now read a report from the very first hearing of this case held before Court of Justice on the 13th of January. Some interesting hints: Chamber – Unknown,
Posted in civil substantive law, contracting, e-government, SK
Huťko got some news for you (and there are bits of IP law as well). Slovak parliament passed the amendment (Act. No. 546/2010) to Slovak Civil Code (Act. No 40/1964 Coll. ) and to Act on Free Access to Information (Act. No. 211/2000) which sets up the category of Obligatory Published Contract (OPC). No OPC
Posted in Court of Justice, intellectual property, international private law, ISP, mylife
Huťko would like wish happy New Year to all of his readers. He hopes that 2011 will bring you as much of joy in your life as possible. Huťko likes this quote by Edith Lovejoy Pierce. “We will open the book. Its pages are blank. We are going to put words on them ourselves. The
It looks like keyword advertising “saga” is not over yet. Court of Justice just received another keyword advertising preliminary reference from a national court, namely C-523/10 Wintersteiger (not on the Curia’s website yet – see IPO). This time it concerns international private law, more specifically interpretation of the Brussels I. regulation which sets jurisdiction
Posted in copyright, Court of Justice, CR, software
Court of Justice finally published its early morning decision in C-393/09, BSA vs. Ministry of Culture of the CR, on which Huťko previously reported here (with case background) and here. Europe’s highest ruled that … 1. A graphic user interface is not a form of expression of a computer program within the meaning of Article
Posted in civil procedural law, conflicts of laws, Court of Justice, hosting, intellectual property, ISP, trade marks
Huťko is very excited about the opinion of Advocate General Jääskinen in L´Oreal v. Ebay C-324/09 published this Thursday (9th of December). The case is so complex and deals with so many interesting questions that Huťko deems it even more intriguing reading than Google France C-236/08. So far Huťko has identified these interesting (sometimes hidden)
Posted in conflicts of laws, consumers, international private law
Court of Justice just rendered decision in two joint cases Pammer C‑585/08 and Hotel Alpenhof C‑144/09 dealing with the issue of international private law on the internet, more precisely question of jurisdiction over consumer contracts. Following articles are references to provisions of Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in