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
Read More
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
Read More
Posted in civil substantive law, Court of Justice, EU, intellectual property, ISP, safe harbours, trade marks

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
Read More
Posted in copyright, Court of Justice, CR, EU, software

Copyright protection of the Graphic User Interface
Yesterday, i´ve recieved the entire judgement (33 pages in Czech) of the City court of Prague which relate to case C-393/09 – BSA vs. Ministry of Culture of the CR pending before ECJ (see below). It deals with copyright protection of graphic user interface (GUI), collective administration of some economic rights to computer programs, possible
Read More
Posted in Court of Justice, DRM, EU, intellectual property, ISP, linking, search engines, takedown notice, US

European Commission on information location tools
I encourage you to read latest post on ACTA by EFF. And also leaked comments of European Commission (EC) to US proposal of ACTA provisions. What i´ve found (inter alia) interesting is a part of this document, which relates to information location tools liability regime. EC provided it´s short opinion on safe harbour provisions in
Read More
Posted in copyright, Court of Justice, EU, search engines, UK

Search Engines and Copyright
As out-law.com informed, Lord Lucas proposed new amendment to Digital Economy Bill (DEB). There are two significant copyright issues. One refers to organic search, whereas the second to copyright exceptions legislative power. So, let´s first get on the organic search. There are few (real) copyright issues in there. Indexing copies Made when search engine (SE)
Read More
Posted in blogging, mylife

New Year´s Resolution
I´ve started my blog two years ago. Encoutered some interest, but also dissinterest in IT&IP law since then. However i´ve learnt a lot. Not just by composing the posts, but also “absorbing” reactions in the online or the offline world. While blogging in Slovak is much easier (not just because of language), on the other
Read More