Tech Notes – Page 12 – IT/IP & Digital Services Act

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

Posted in Court of Justice, CR, mylife, safe harbours, SK, trade marks

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

Posted in copyright, Court of Justice, originality, three-step test

AG’s Opinion in Painer v Standard VerlagsGmbH

On 12th of April 2011, AG Trstenjak delivered her Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., in which the Court of Justice has been asked to clarify several issues concerning copyright protection of portrait photos and their use in news reports (reported by IPKat here). AG advised following: 1. The notion of

Posted in copyright, CR

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

Posted in CR, data retention

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

Posted in Court of Justice, EU, trade marks

GA’s Opinion in Inteflora

General Advocate delivered his opinion in Interflora C-323/09 this morning. Huťko is highliting only the second part of “executive summary” which concerns application of Article 5(2). Article 5(2) of Directive 89/104 and Article 9(1)(c) of Regulation No 40/94 must be interpreted as meaning that the use of a sign as a keyword in an internet