Tech Notes – Page 16 – digital innovation & civil liberties (+DSA)

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

Posted in copyright, EU, SK

Weird Slovak Copyright Exception Proposal

Ministry of Health proposed new copyright exception within it´s eHealth reform, which my friend Mico pointed out to me. Even though it bears just a few words, it opens up numerous copyright problems. According to proposed law each publisher of work in the field of medical and health sciences have a duty to provide National

Posted in EU, ISP, SK

My presentation on ISP´s liability

I´ve had an opportunity to deliver a lecture (more accurate short student presentation) on ISP´s liability at E-Commerce class. Here´s a transcript of it in .pdf form (sorry folks again in Slovak). I hope the people did enjoy it.

Posted in Court of Justice, duty of care, EU, intellectual property, ISP, safe harbours

European Safe Harbours and the Future Case Law

This year could be incredibly ground breaking for European safe harbours. Despite of many preliminary questions, it´s unlikely (still believe in TM issue) that all of them are going to be answered. Although i think they should be (not just because of my interest). So let´s sum up, what we have at the “porch” of

Posted in Court of Justice, search engines, trade marks

My paper on keyword advertising

I´ve just published my paper “Selected legal issues of search engines – Keyword advertising” online. Unfortunately it´s only Slovak version of paper. You can find it at S0LA1N´s website. S0LA1N is a only Slovak non-profit organization focusing on IT&IP law. S0LA1N stands for Software Law Institute. Thanks to Dr. Eduard Szattler, director of S0LA1N. The

Maduro´s neutrality condition critisism

As i´ve pointed out last week, i never got the neutrality condition proposed by GA Maduro. As much as our opinions coinceded on the trademark issue, i couldn´t help to disagree with his reasonig on the hosting exemption. General Advocate stated that hosting exemption does not apply to AdWords, because of not meeting essential neutrality