About Stefano Carriero

DO PERSONAL DATA PREVAIL OVER IPR HOLDERS’ INTEREST?

DO PERSONAL DATA PREVAIL OVER IPR HOLDERS’ INTEREST?

In a decision of 8 September 2010 the Swiss Supreme Court ruled that Logistep AG may not search peer-to-peer networks for copyright infringing files, register the IP addresses of the uploaders and foward them to the copyright owners, which then, based on the data, file criminal complaints against unknown (the prosecution, unlike private parties, can force the ISPs to hand over name and address of the person/entity behind the IP address). The Supreme Court held that – IP addresses are personal data in the sense of data protection law; – the collection of these addresses violates data protection law because it occurs without the consent of the concerned persons; – […]

THE ECJ REJECTS LEGO’S BRICK APPLICATION

THE ECJ REJECTS LEGO’S BRICK APPLICATION

The ECJ has, in Case C?48/09 P, ruled that the Lego brick cannot be registered as a trade mark because its shape is necessary to obtain a technical result. The most pertinent paragraphs of the decision read as follows. 45 First, the inclusion in Article 7(1) of Regulation No 40/94 of the prohibition on registration as a trade mark of any sign consisting of the shape of goods which is necessary to obtain a technical result ensures that undertakings may not use trade mark law in order to perpetuate, indefinitely, exclusive rights relating to technical solutions. 46 When the shape of a product merely incorporates the technical solution developed by […]

ECJ RULES ON THE INDISCRIMINATE COMPENSATION LEVY

ECJ RULES ON THE INDISCRIMINATE COMPENSATION LEVY

Court of Justice of the European Union (Case C?467/08). The Barcelona court asked the Court of Justice the following questions: ‘1. Does the concept of “fair compensation” in Article 5(2)(b) of Directive 2001/29/EC entail harmonisation, irrespective of the Member States’ right to choose the system of collection which they deem appropriate for the purposes of giving effect to the right to fair compensation of intellectual property rightholders affected by the adoption of the private copying exception or limitation? 2. Regardless of the system used by each Member State to calculate fair compensation, must that system ensure a fair balance between the persons affected, the intellectual property rightholders affected by the […]