Posted in Auskunftsanspruch, CJEU, copyright, enforcement, personal data, privacy

CJEU: Bonnier Audio – Quite Disappointment
CJEU today rendered its highly awaited decision in Bonnier Audio C-164/10. Author of these lines is however *very very* disappointed by the outcome. It seems to me that the Court of Justice of European Union, does not realize its ‘constitutional role’ for the member states. The entire decision is pretty much just excerpts from the
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Posted in Art. 5 TMD, CJEU, due cause, good faith, reputed trade marks, trade mark use, trade marks

Trade Mark Functions – New Chance for CJEU
British IPO just reported a new reference for prelimary ruling – Leidseplein Beheer B.V. and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland B.V. C-65/12, which deals with following interesting question: Is Article 5(2) of Directive 89/104/EEC to be interpreted as meaning that there
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Posted in copyright, events, Free Software

Budapest: Use of FLA outside of the Free Software Communities?
Next week, I will be having presentation “Use of FLA outside of the Free Software Communities?” at workshop “V 4 paradigm shift in copyright” in Budapest (see details). The talk will discuss following: The copyright law sometimes gives authors more rights than they actually want. Certain communities overcome this problem by developing standard legal documents
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Posted in blocking, censorship, child pornography, EU

New Directive: Measures Against Websites Disseminating Child Pornography
Huťko just bumped to the new Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography. I recall the debate about this paragraph in the European parliament, but then I forgot to follow the discussion to the end. It looks like Member States shall bring into
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Posted in CJEU, data protection, EU, search engines

Spanish Court Asks CJEU on Right to Be Forgotten in Search Engine
Huťko´s friend Miquel Peguera reports on his blog that a Spanish court, the Audiencia Nacional, just referred several very interesting questions in regard to application of a right to be forgotten in Google´s search results under the current European data protection laws. CJEU number Google Spain and Google C-131/12. He reports: The issue is in
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Posted in CJEU, collective societies, copyright, CR, EU, free movement

Collective Societies & Free Movement – A New Preliminary Reference to CJEU?
In November 2011, the Czech Constitutional Court, in its ruling II. ÚS 1658/11, canceled decision of the City Court in Prague and referred it back (due to breach of  a right to statutory judge), arguing that the court failed to ask the Court of Justice of European Union on issue of whether Czech Copyright Act,
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Posted in CJEU, copyright, three-step test

CJEU: Does The Three Step Test Matter?
Huťko almost missed the publication of Infopaq II. C-302/10 decision. On 17th of January, CJEU pronounced its awaited decision on ´temporary and transient reproductions´, monitoring agencies and most importantly the role of the Union three step test. So what CJEU said?  Question 7 relating to the condition that the acts of reproduction must neither conflict
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Posted in CJEU, copyright, originality, SK

Newspaper articles not creative enough. An issue for the CJEU?
Kluwer Copyright blog just published my article about ECOPRESS v. STORIN, which denied copyright protection on newspaper articles (reported by IPKat here). In article, I outline the background of the case, give some comments on compatibility with last European cases and mention that our European Information Society Institute, is now preparing amicus curiae brief before
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