Thursday, 31 October 2013
New Information Obligations for Data Protection Breaches
EU 611/2013
New EU regulation 611/2013 started on 25.08.13 specifying information obligation for data protection breachesUsed Software Sale is Legal
BGH I ZR 129/08
Downloading used software
German Federal Court confirms legality of sale of used software also if new download of software from copyright holder’s website is requiredMS "SkyDrive" Infringes Trademark
EWHC [2013] 1826
England and Wales High Court finds Microsoft’s “SkyDrive” name for its cloud storage service violates Sky Broadcasting’s "sky" trademarksPersonal Rights Violation by Google's Auto-Complete Function
BGH VI ZR 269/12
German Federal Court holds that Google has to remove result of auto-complete function in search engine if notified by affected party of violation of personal rights by auto-completed search resultData Protection Violation by Apple's TCs
LG Berlin 15 O 92/12
Berlin high court finds eight data protection clauses in Apple's general terms violating German Data Protection LawNon-Technical Features and Patentability
EPO T-1670/07
Technical effect of non-technical feature
European Patent Office confirms in the Nokia Siemens Networks case the requirement of technical effect for computer implemented inventions also in case of interaction between technical and non-technical featuresFacebook Fan Page and Data Protection Violation
Schleswig-Holstein VG 8 A 218/11
German Administrative Court of Schleswig-Holstein decides that the user of a Facebook fan page is not responsible for data protection violations of the page due to lack of technical and practical influence on data handling by the siteTransfer Method Unpatentable
[2013] EWHC 2673
England and Wales High Court finds that invention for method of transferring data between computers without continuous communication is unpatentableFast Track for Trademark Protection
Trade Mark Tribunal
New procedure
UK Intellectual Property Office (IPO) introduces fast track procedure within Trade Mark Tribunal to provide faster, cheaper and less complicated way for business to protect their trade marks (link)Local Court Competence and the Internet
ECJ C-170/12
Place of rights and damage
European Court of Justice clarifies in case of copyright infringement via internet that the local court of the country is competent which protects rights referred to by claimant and in which district the damage occursData Protection Violation
[2013] EWCA Civ 333
Individual's Distress
England and Wales Court of Appeal generally quantifies appropriate damage for individual's distress by data protection violation as £750Patents County Court renamed
Intellectual Property Enterprise Court (IPEC)
At the end of significant court reforms the England and Wales Patents County Court has been renamed to Intellectual Property Enterprise Court (IPEC) in order to clarify its all IP matters covering jurisdiction (link)Unfair Advertising
BGH I ZR 209/11
Competitor's Claim
German Federal Court finds that not only parties targeted by unfair advertising but also competitors have a right under German Unfair Competition law to request a company to end unfair business practice
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