EU – Page 4 – Tech Notes

Private Copying from Illegal Sources & Three Step Test

Some of Huťko’ s readers may remember case ACI et al. v Stichting de Thuiskopie from 19th of March 2009, where District Court of the Hage held that downloading from illegal sources is an infringement because of the three step test. Huťko just learned that case was overturned by the Court of Appeal (cited bellow

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 EU, ISP, net neutrality

European Consultation on the Net Neutrality

European Commission has launched the public consultation on the issue of net neutrality. Press release could be reached here and questionnaire here. Deadline is set on the 30th of September! Huťko is definitely not an expert in field of telecommunications law nor any skilled student. Nevertheless Huťko decided to devote his time to the regulation

Posted in Court of Justice, EU, ISP, safe harbours

Questions Referred in the Scarlet v. Sabam

Scarlet Extended C-70/10 already known as Scarlet v. Sabam case has it´s referred questions on the Curia website already. They are same as 1709 blog previously reported. However, now with the assigned number at least a bit further on it´s 17 months way (average time before CJ) to the arrival of the final decision. Making

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 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

Posted in copyright, EU, SK

Weird Slovak Copyright Exception Proposal

Ministry of Health proposed new copyright exception within it´s eHealth reform, which my friend Mico pointed out to me. Even though it bears just a few words, it opens up numerous copyright problems. According to proposed law each publisher of work in the field of medical and health sciences have a duty to provide National

Posted in EU, ISP, SK

My presentation on ISP´s liability

I´ve had an opportunity to deliver a lecture (more accurate short student presentation) on ISP´s liability at E-Commerce class. Here´s a transcript of it in .pdf form (sorry folks again in Slovak). I hope the people did enjoy it.

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

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