Tech Notes – Page 11 – digital innovation & civil liberties (+DSA)

Posted in Court of Justice, DE, ISP, Liability of ISPs, safe harbours

BGH & Two ISP Liability Cases

This week, Bundesgerichtshof decided two very interesting cases that both concern liability of internet service providers. The first, deals with liability of German domain name authority – DENIC and second with liability of Google for the blog posts published by its users on blogging platform Blogger (the one that Huťko writes his posts on). In

Posted in Uncategorized

Court of Justice Speaks on ‘Informed User’

Yesterday, the Court of Justice of the European Union handed its first important design matter case – PepsiCo v Grupo Promer Mon Graphic C-281/10. In its ruling, the Court provides us with quite interesting guidelines on interpreting the concept of ‘informed user’. 53 It should be noted, first, that Regulation No 6/2002 does not

Posted in Uncategorized

Copyright Subject Matter & Court of Justice of European Union

I keep wondering how many ‘subject matter cases’ have pop up in the last few months, despite the fact that European law does not generally address the issue of copyright subject matter. The only exceptions are computer programs ; “A computer program shall be protected if it

Posted in censorship, creative commons, intellectual property, SK

Slovakia: Creative Commons & Online Gambling

Some things that happened in Slovakia in the last few weeks. Four members of the Slovak Parliament introduced a few articles amendment of the Slovak Copyright Act, which aims to reform very old rules on copyright licensing such as a requirement of written form. It would finally enable proper functioning of the Creative Commons or

Posted in blogging

Blog Update: Commentaries & Cases

Dear readers, Huťko has great news for you. Begining this week, he launched two new sections of this blog. Hyperlink to both of them appear in the main menu. What are these new sections going to be about? – Acts & Commentaries

Posted in China, trade marks

China: How to Restore Your Fake Apple Store (Picture)

If you happened to own one of China’s fake Apple stores, you may take some inspiration from one of your comrades in Zhongguancun, Beijing. This marvellous piece of art was reported by Global Times in today’s newspapers that Huťko has bought here in Guangzhou. Its coverage starts like this There’s something not quite right about

Posted in CR, hosting, safe harbours

Czech republic: Liability of the Website for Third Party Comments

Huťko knows that this article should have been here since May already, but he begs your pardon and hopes to redress this wrong in the following lines. On 17 March 2010, the City Court of Prague rendered probably the first Czech decision that involved the hosting safe harbor – so called Prolux case (10 Cm

Posted in e-commerce, ISP, safe harbours

Slovakia: Webhosting provider ordered to stop publishing certain infornation on the hosted website

On 19 of May 2011, District Court Bratislava II. („Okresný súd Bratislava II.“) issued preliminary injunction against well-known Slovak NGO Aliancia Fair-Play and its hosting provider Websupport, ordering them both to stop publishing certain information concerning Plaintif on the website www.znasichdani.sk (meaning „from our taxes“). Subjected website is a third sector project run by

Posted in mylife, trade marks

China: Unusual use of the Trademarks (Pictures)

Huťko is temporarily living in a Guangzhou down-town. Everything around him was built just several years or even months ago. The skyscrapers with numberless apartments are brand new, and so are the shops surrounding them. When walking the streets you can still grasp the atmosphere of the building site and study the signs of this

Posted in Court of Justice, EU, trade marks

Is CJEU case-law on Art. 5(1)(a) of TM Directive still in Conformity with TRIPS?

This is just a brief thought I would like to share with my readers. I guess most of you are familiar with the case law of the Court of Justice concerning art. 5(1)(a) . This provision says that The proprietor shall be entitled to prevent all third parties not having