Tech Notes – Page 10 – IT/IP & Digital Services Act

Posted in CJEU, data protection, EU, search engines

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine

Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in

Posted in CJEU, copyright, EU, originality

Football Dataco: Single European Originality

The Court of Justice of European Union today handed down its very important decision in the Football Dataco C-604/10. Before this decision, I was still doubting whether originality under Art. 2(a) Information Society Directive is the same as one under computer programs directive, database directive and term directive (see my posts here, here, here and

Posted in CJEU, collective societies, copyright, CR, EU, free movement

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,

Posted in CJEU, copyright, three-step test

CJEU: Does The Three Step Test Matter?

Huťko almost missed the publication of Infopaq II. C-302/10 decision. On 17th of January, CJEU pronounced its awaited decision on ´temporary and transient reproductions´, monitoring agencies and most importantly the role of the Union three step test. So what CJEU said? Question 7 relating to the condition that the acts of reproduction must neither conflict

Posted in copyright, interoperability

Video: Symposium on the SAS v WPL case

Huťko just learned via blog of Institute of Law and Technology of Masaryk University that European Committee for Interoperable Systems published its symposium on the SAS v. WPL case. Video teaser is below, the mp3 of entire discussion is here. The Copyright Challenge to Europe’s Software Industry from ECIS on

Posted in CJEU, copyright, originality, SK

Newspaper articles not creative enough. An issue for the CJEU?

Kluwer Copyright blog just published my article about ECOPRESS v. STORIN, which denied copyright protection on newspaper articles (reported by IPKat here). In article, I outline the background of the case, give some comments on compatibility with last European cases and mention that our European Information Society Institute, is now preparing amicus curiae brief before

Posted in CR, data retention, human rights

Czech Constitutional Court Gives Another Decision on Data Retention

On Wednesday (4.1.), the Constitutional Court of Czech republic delivered its second decision on data retention (see the first here). This time, it concerns unconstitutionality of the procedure of obtaining the data stored on the basis of the data retention laws. The Court found the procedure in question to be too vague, in breach of

Posted in civil society, EISI, SK, transparency

Slovak Court System is Now More Open

On 1st of January 2012, Ministry of Justice of Slovak republic finally launched its main project – obligatory online publication of all court decisions. The project is now available online here and you can suggest any changes here. Court decisions were previously published within the JASPI system and on the website of the Supreme Court,

Posted in copyright, Court of Justice, EU, originality

European Originality Doctrine – Another Step Further?

Story of European originality concept seems to be evolving with every possible court case. For those who don´t know what I am talking about, a brief summary first. CJEU first in Infopaq C-5/08 expanded Union law concept of originality to the other works that photographs, databases and computer programs, which have their own directives. Later

Frisdranken Case: Another Bit on ´Intermediary Non-use´ of the Trade Mark

Today, the Court of Justice of the European Union decided very interesting trade mark case – Frisdranken Industrie Winters BV C-119/10, which deals with the question of whether intermediary companies, such as a service provider who, under an order from and on the instructions of another person, fills packaging which was supplied to it by