Few may rebate that internet, is majorly responsible for most of the mayor changes in the past fifteen years in fields such as science, communications, technology, commerce amongst other being necessary to adapt the legal system regulating it. Honduras has not been the exception in this modernization process regardless of the civil code nature of its legal system which is not as adaptable as common law systems are ...
Introduction Title and date of national law The Act on the protection of privacy in relation to the processing of personal data of December 8,1992 (the 'Data Protection Act' or 'DPA') and its Royal Decree of February 13, 2001. Relation with international instruments The DPA implements EU Directive 95/46/EC on the protection of individuals regarding the processing of personal data and the free movement of such data ...
CLS Bank and Bancorp: Back to Back Federal Circuit Decisions Offer Different Conclusions on Patentability 08/03/2012 Richard D. Rochford, Casey H. Kempner The issue of whether particular inventions include “patent eligible” subject matter under § 101 of the patent statute has become highly controversial in recent years, raising questions with high economic stakes and profound legal and philosophical implications. Twice the Supreme Court has entered the fray, first in Bilski v ...
In Sir Arthur Conan Doyle’s short story Silver Blaze, Sherlock Holmes noticed that the guard dog for a famous racehorse did not bark on the night that the horse disappeared and its trainer was found murdered on the moor. 1. Holmes correctly deduced from this that the dog must have known the killer. 2 Inspector Gregory of Scotland Yard overlooked the same clue when he earlier accused a stranger of the murder ...
Creators of software programs may not be able to prevent the resale of 'used' copies of software programs legitimately paid for and downloaded by their own customers from the internet.It follows a recent Opinion from Advocate General Yves Bot, a legal adviser to the European Court of Justice (ECJ), in Axel W. Bierbach (liquidator of UsedSoft GmbH) v Oracle International Corp ...
On 20 June 2012, the Court of First Instance (in proceedings brought by the Securities and Futures Commission ("SFC")) ordered Hontex International Holdings Company Ltd ("Hontex") to make a repurchase offer to about 7,700 investors who had subscribed for Hontex shares in the initial public offering in December 2009 or purchased them in the secondary market during the 3 months after its shares were listed (by then the present action was taken by the SFC) ...
After several delays, ICANN has published the list of generic top level domain (“gTLD” or “string”) applicants and the gTLDs they have applied for. This new initiative from ICANN will allow a wide variety of entities to act as registrars for gTLDs of their choosing. Once these systems are up and running, consumers will be able to access websites not only ending with .com or .net, but also ending with .NETFLIX, .AOL, and .PIZZA. The list can be found at:http://newgtlds.icann ...
In the great George Orwell novel “Nineteen Eighty-Four,” the Ministry of Truth is a vast bureaucracy that ironically exists to falsify historical events in the service of political ideology. Its headquarters is an 80-story building of 3,000 rooms, and its outside walls bear the words “War is Peace,” “Freedom is Slavery,” and “Ignorance is Strength ...
New law regarding the use of cookies on websites was introduced in the UK in May last year. Broadly speaking, the new law requires a website owner/operator to: - tell users that cookies are used on its website; - explain to users what the cookies are doing; and - obtain users’ explicit consent to store cookies on their device. The Information Commissioner is responsible for enforcing this new law ...
On 1 March 2012, Google launched a new privacy policy by consolidating over 60 of its global privacy policies into one document. The new privacy policy does not indicate that Google will collect any new or additional data about users. What it does do, however, is inform people that Google will merge data which it already collects from services such as YouTube and Web History (which records all searches performed on Google ...
With the Information Commissioner's Office (ICO) grace period for enforcing the new cookies rules almost at an end, companies should work with their website developers at an early stage to ensure compliance. The ICO will soon be confirming that its 12 month ‘lead in’ implementation period has come to an end. Website operators then run the risk of enforcement action and fines if they fail to comply with the new cookies regime ...
A trubunal has ruled that an employee was fairly dismissed for makng vulgar comment to female colleague on his facebook page while at home. A recent decision from a tribunal in Northern Ireland held that an employee was fairly dismissed because comments which he posted on his Facebook page amounted to harassment of a female colleague and was in breach of the employer’s Dignity at Work Policy ...
The Fourth Circuit has just released its highly anticipated keyword advertising decision in Rosetta Stone Ltd. v. Google Inc., No. 10-2007 (4th Cir. Apr. 9, 2012), vacating much of a district court order favorable to Google ...
Today, Google have made the very interesting (but arguably provocative) move of completely rejecting the French data protection regulator's request to put a hold on the implementation of proposed changes to its privacy policies. In doing so it has become the subject of a Europe-wide investigation. What has changed? Up until today, the information collected by Google on each of its platforms, such as Gmail and YouTube, was kept separate ...
Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of the state. International treaties ratified by Parliament become part of national law and prevail in a conflict with domestic law ...
The honourable justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter "Toure") against Brault & Martineau (hereinafter "B & M) . (1) In order for a class action to be authorized by the Superior Court, the Code of Civil Procedure sets out the four conditions which must be fulfilled ...
Starting tomorrow, organizations may start submitting applications for new gTLDs (generic Top Level Domains). The application window will close on April 12, 2012. The new gTLDs move well beyond the core group of generic top level domains of .com, .net, .org, .biz, .info, and .edu. Specifically, they can consist of any combination of three or more letters that an applicant chooses ...
If your trademarks and business names contain letters with accents and you are the owner of domain names linked with them, it is important to familiarize yourself with the following. With a view to offering owners the possibility of registering domain names that comply with French spelling, the Canadian Internet Registration Authority (the « CIRA »), the organization that manages the register of ...
Super injunctions and online libel revisited--Injunctions are ‘pointless’, ‘unbelievably expensive’ and counterproductive because ‘there’s an assumption of guilt about which you can do nothing...’ These are just some of the frustrated words of Top Gear presenter Jeremy Clarkson when he abandoned his super injunction (obtained in September 2010 to silence rumours he had an affair with ex-wife Alexandra Hall, whilst married to current wife Frances) on 26 October 2011 ...
On 10 October 2011 the Council of Ministers of the European Union approved a new Directive on consumer rights in the European Union. This directive is aimed at strengthening the rights of consumers in all Member States of the European Union by bringing uniformity to the rules applicable to all European citizens with a special focus on the online shopping sector ...
The Federal Circuit recently resolved two issues of first impression as to how patent reexamination proceedings affect related patent infringement litigation. These two cases, Marine Polymer1 and Bettcher Industries,2 are likely to have a significant impact on both litigation and reexamination-proceeding practices, as well as the strategic interplay between them ...
On June 20, 2011, in Singapore, ICANN (Internet Corporation for Assigned Names and Numbers), the global coordination company for Internet addresses, approved the new program for the thematic extension of gTLDs. This program will certainly lead to significant growth in the number of domain names (gTLDs) on the Internet ...
On June 20, 2011 in Singapore, ICANN ( Internet Corporation for Assigned Names and Numbers), the global co-ordination body for Internet addresses, approved the new program for the thematic extension of GTLDS. This program will certainly lead to significant growth in the number of domain names (GTLDS) on the Internet ...
The Hungarian Parliament enacted Act no CXII of 2011 on Information Rights and the Freedom of Information ("New Data Protection Act"), which will replace the currently effective Act no LXIII of 1992 on the Protection of Personal Data and the Publication of Data of Public Interest ("Old Data Protection Act") from 1 January 2012. Below, we briefly summarize the main changes brought about by the New Data Protection Act ...
