Tech Notes – Page 12 – digital innovation & civil liberties (+DSA)

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

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 copyright, ECHR, EU, human rights

Article 10 of the ECHR and Copyright Law

Huťko would like to draw attention of his readers to one very interesting paper named “The Right to Receive Information Under Article 10 of the ECHR: An Investigation from a Copyright Perspective” written by Robin Elizabeth Herr, who is assistant professor at Copenhagen Business School. What is the work about? (quoted from abstract) The purpose

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 e-commerce, enforcement, FR, hosting, safe harbours

France: Dailymotion & Fuzz – Covered by Hosting Safe Harbour

Very exciting news coming via EDRi gram. On 17 February 2011 the French Court of Cassation recognized the hosting status of Dailymotion and Fuzz.fr. The court also confirmed, in relation to the Amen website case, that the judges had to verify that the content withdrawal requests observed the requirements of LCEN (loi pour la confiance