CR – Page 2 – Tech Notes

Posted in CR, trade marks

Keyword Advertising Event in Brno

Huťko has a great tip for all “keyword” enthusiasts. Institute of Law and Technology of Masaryk University in Brno (Czech republic) cordially invites you to attend a workshop: “Making Money by Riding on the Coattails of the Reputation of the Trademarks of Others OR an Inventive Business Model That Happens to Reveal the Flaws of

Posted in CR, hosting, safe harbours

Actual Knowledge of Hosting Provider is Only the First Sieve

Huťko’s readers may remember Prolux case, where for the first time in Czech republic, the hosting safe harbour was applied (at least to Huťko’s knowledge). As parties appealed, case got to the Higher Court of Prague (Vrchní soud v Praze). Few days ago, Huťko learned at this blog, that court ruled on 3rd of March

Posted in copyright, Court of Justice, CR, software

Graphic User Interface is not Protected as a Computer Program

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 CR, data retention, DE, EU, privacy, SK

Data Retention Status Quo in Slovakia

On the 4th of October, European Information Society Institute filled a complaint (in Slovak bellow) to General Prosecution of the Slovak Republic (Generálna prokuratúra SR) concerning unconstitutionality of the data retention law in Slovakia. It has now two months to scrutinize the complaint and thoroughly assess whether to file a complaint to the Constitutional Court

Posted in copyright, CR, software

GA Delivered Opinion in C-393/09

As Huťko previously reported in January (background of the case), the Supreme Administrative Court of Czech Republic referred following questions to the Court of Justice: 1. Should Article 1(2) of Council Directive 91/250/EEC 1 of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the

Posted in CR, free speech, hosting, ISP

The First Czech Ruling Involving the Hosting Safe Harbour

As unbelievable as this may sound, Slovakia and Czech republic still does not have any case law on the liability of ISPs (at least as far as I know). Fortunately, this is about to change. City Court of Prague delivered it´s first instance ruling (10 Cm 47/2009-39) concerning the liability of ISP for the third

Posted in copyright, Court of Justice, CR, EU, search engines, SK

Limitations in the European Copyright Code

I´m sure everybody heard of European Copyright Code (ECC) being published last week. Exceptional European intellectual property scholars participated at this work. Hence the ECC is neat, precise and inspiring altogether. I would like to focus on the Limitations part of it in this post. More specifically on the Article 5.5 “Further Limitations”. Any other

Posted in copyright, CR, mylife, search engines, SK

My Thesis about the Copyright and Internet Search is Ready for the Thesis Defence

I have to say, i almost hated this piece before today´s final submitting. I guess it´s a usual experience of each author, isn´t it ? So, for all of you my folks interested in copyright limitations and exception from Czech and Slovak perspective (mostly), please refer to my thesis The legal aspects of search engines.

Posted in CR, domain names, intellectual property

Domain name = know-how ?

The Supreme Court of Czech republic ruled that domain name is know-how under Czech civil law (using same legal basis as Slovak civil law has). Moreover Supreme Court held that domain name is the result of author´s own creative intellectual activity . Which obviously is just wrong, wrong and wrong. Please

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.