Tech Notes – Page 16 – IT/IP & Digital Services Act

The First Czech Ruling Involving the Hosting Safe Harbour

As unbelievable as this may sound, Slovakia and Czech republic still does not have any case law on the liability of ISPs (at least as far as I know). Fortunately, this is about to change. City Court of Prague delivered it´s first instance ruling (10 Cm 47/2009-39) concerning the liability of ISP for the third

Posted in trade marks

My Charts on the Scope of Trademark Holder Rights

I am currently working on a short article concerning keyword advertising. This picture could possibly be it´s attached illustration on the side. Please let me know if you have any suggestions on how to make it more clear for a reader and which of those two would you recommend. or should I use this one

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 copyright, CR, mylife, search engines, SK

My Thesis about the Copyright and Internet Search is Ready for the Thesis Defence

I have to say, i almost hated this piece before today´s final submitting. I guess it´s a usual experience of each author, isn´t it ? So, for all of you my folks interested in copyright limitations and exception from Czech and Slovak perspective (mostly), please refer to my thesis The legal aspects of search engines.

Posted in CR, domain names, intellectual property

Domain name = know-how ?

The Supreme Court of Czech republic ruled that domain name is know-how under Czech civil law (using same legal basis as Slovak civil law has). Moreover Supreme Court held that domain name is the result of author´s own creative intellectual activity . Which obviously is just wrong, wrong and wrong. Please

Posted in Court of Justice, safe harbours, search engines, trade marks

The Court of Justice Speaks Out on the AdWords

Though there are plenty of duties i should be carrying out at the moment, i had to read the Luis Vuitton vs. Google C-236/08 decision from this morning. It conveys new thoughts on the trade mark but also on the e-commerce law. Therefore making it a landmark decision in the field. I wouldn´t express it

Posted in copyright, CR

The Czech Supreme Court on Filesharing

I just returned from the Hannover, the mind empowering conference, and immediately bumped into this case. Case No. 5 Tdo 31/2010 (hereinafter as Ladies don´t watch pornography case ) is a criminal proceedings against an alleged Czech filesharer. The Czech Supreme Court reversed his conviction in this decision from 27 of January 2010.

Posted in mylife

Next Week in Hannover

Huťko assumes that every IT&IP enthusiast is aware of the conference taking place in Hannover next week. Commons, Users, Service Providers – International Conference brings together astounding amount of IT&IP scholars. Thus making it incredibly inviting event. If any of Huťko´s readers plans to come, it would be a great pleasure for me to meet

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