Czech Court Asks CJEU: Is Teritorrial Monopoly of Collecting Societies Compatible with Free Movement of Services?

After BSA C-393/09, another copyright preliminary reference from Czech courts is making it’s way to the Court of Justice of EU. This time, on exemptions to the ‘communication to the public’ right, conformity of the territorial monopoly of collecting societies with Union law and possibility of the Horizontal Direct Effect of InfoSoc directive. The new

Collective Societies & Free Movement – A New Preliminary Reference to CJEU?

In November 2011, the Czech Constitutional Court, in its ruling II. ÚS 1658/11, canceled decision of the City Court in Prague and referred it back (due to breach of  a right to statutory judge), arguing that the court failed to ask the Court of Justice of European Union on issue of whether Czech Copyright Act,

Messing Up With ‘Krteček’

Czech server reports that a toy producer, and exclusive licensee, who is producing various goods depicting main character from the Czech cartoon ‘The Mole’ (Krteček) (on the right) just won the case before Supreme Court of Czech republic (23 Cdo 2500/2010) initiated against a company which was selling the confusingly similar toys without any license from

Brief Summary of April / May / June and Beyonds

Huťko is back! Though he actually never left 🙂 As you may have already noticed, last few months were more “quiet” than usual. This is due to the endless final exams period that was “entertaining” Huťko and consuming his entire time. Nevertheless this period is over, Huťko finally entered lawyer-dom and you can look forward

Abuse of Copyright Exception for Personal Use

Interesting news coming via Kluwer Copyright Blog by Tomáš Dobřichovský from Kříž & Bělina. Mr. Dobřichovský reports decision rendered by High Court in Prague (Vrchní soud v Praze) on 20th of April 2010. The defendant, the so-called “cooperative of CD co-owners” abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test

Data Retention held Unconstitutional in Czech republic

Great news coming from Brno today. Constitutional court of Czech republic ruled this morning that data retention provisions of Electronic Communication Act are in breach of right to privacy and informational self-determination and therefore invalidated respective provisions. There is no data retention regulation since today in Czech republic! .. contested legislation violates constitutional