Posted in copyright, CR

The Czech Supreme Court on Filesharing
I just returned from the Hannover, the mind empowering conference, and immediately bumped into this case. Case No. 5 Tdo 31/2010 (hereinafter as Ladies don´t watch pornography case ) is a criminal proceedings against an alleged Czech filesharer. The Czech Supreme Court reversed his conviction in this decision from 27 of January 2010.
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Posted in mylife

Next Week in Hannover
Huťko assumes that every IT&IP enthusiast is aware of the conference taking place in Hannover next week. Commons, Users, Service Providers – International Conference brings together astounding amount of IT&IP scholars. Thus making it incredibly inviting event. If any of Huťko´s readers plans to come, it would be a great pleasure for me to meet
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Posted in Court of Justice, EU, SK, trade marks

Likelihood of Confusion & Association – An Insight to Fresh Slovak Trademark Law
As I previously reported yet in 2009, new Slovak trademark law have entered into the force on the 1st of January. According to explanatory report to new Trademark Act No. 506/2009, one of the embodied changes is the replacement of term ‘interchangeability’ by ‘similarity’. This was done by copying and pasting trademark directive (hereinafter as
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Posted in Court of Justice, duty of care, EU, intellectual property, ISP, safe harbours

European Safe Harbours and the Future Case Law
This year could be incredibly ground breaking for European safe harbours. Despite of many preliminary questions, it´s unlikely (still believe in TM issue) that all of them are going to be answered. Although i think they should be (not just because of my interest). So let´s sum up, what we have at the “porch” of
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Posted in Court of Justice, search engines, trade marks

My paper on keyword advertising
I´ve just published my paper “Selected legal issues of search engines – Keyword advertising” online. Unfortunately it´s only Slovak version of paper. You can find it at S0LA1N´s website. S0LA1N is a only Slovak non-profit organization focusing on IT&IP law. S0LA1N stands for Software Law Institute. Thanks to Dr. Eduard Szattler, director of S0LA1N. The
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Posted in civil substantive law, Court of Justice, EU, intellectual property, ISP, safe harbours, trade marks

Maduro´s neutrality condition critisism
As i´ve pointed out last week, i never got the neutrality condition proposed by GA Maduro. As much as our opinions coinceded on the trademark issue, i couldn´t help to disagree with his reasonig on the hosting exemption. General Advocate stated that hosting exemption does not apply to AdWords, because of not meeting essential neutrality
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Posted in copyright, Court of Justice, CR, EU, software

Copyright protection of the Graphic User Interface
Yesterday, i´ve recieved the entire judgement (33 pages in Czech) of the City court of Prague which relate to case C-393/09 – BSA vs. Ministry of Culture of the CR pending before ECJ (see below). It deals with copyright protection of graphic user interface (GUI), collective administration of some economic rights to computer programs, possible
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Posted in Court of Justice, DRM, EU, intellectual property, ISP, linking, search engines, takedown notice, US

European Commission on information location tools
I encourage you to read latest post on ACTA by EFF. And also leaked comments of European Commission (EC) to US proposal of ACTA provisions. What i´ve found (inter alia) interesting is a part of this document, which relates to information location tools liability regime. EC provided it´s short opinion on safe harbour provisions in
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