April 23, 2012
The CNIL has planned 450 inspections in 2012.
Activities and Controllers covered will include:
- CCTV (services "vidéoverbalisation") => Common
- Smartphone (acquisition process, use) => operators and application vendors
- Security of health data (WMD, pharmaceutical file, search, cloud computing) => software companies, hospitals and health hosting
- [...]
Category: Technical Update-News Global-Data Protection
April 10, 2012
A comprehensive reform of EU rules on personal data protection is underway.
A draft directive (which replaces the Framework Decision 2008/977/JAI16) states in particular rules on data protection in court proceedings.
A draft Regulation (replacing Directive 95/46/EC) establishes a general framework in European Union [...]
Category: Technical Update-News Global-Data Protection
April 5, 2012
In a judgment of 18 February 2011, the Court of Appeal of Paris has not only reiterated the principles governing this exception in the Code of Intellectual Property (ICC) but has also developed an argument struck at the corner of common sense when deciding on the question of parasitism.
In this case, the beneficiaries [...]
Category: News-Infringement - Unfair Competition, Copyright
April 4, 2012
UPDATE:
It seems that the last chapter of this saga "Adwords" has been reached with the judgment of the Court of Appeal of Lyon dated March 22, 2012.
The Tribunal de Grande Instance de Lyon in a judgment of 13 March 2008 had gone against this jurisprudence that was not devoted to [...]
Category: Technical Update-News Global-News
February 17, 2012
January 26, 2012, 22 countries of the European Union, including France, Japan signed the Anti-Counterfeiting Trade Agreement, better known by the acronym ACTA (for Anti-Counterfeiting Trade Agreement).
This international agreement negotiated in secret and beyond any international framework since 2007 by a few states (39 countries, including 27 of the European Union, the United States, the [...]
Category: Infringement - Unfair Competition Legislations-global-Laws
January 25, 2012
In its judgment of 22 June 2011, the Court of Appeal of Paris has reminded that the rule is the same for everyone and that the notoriety of a sign does not allow it to evade the basic rules concerning the right of brands.
The company Louboutin, famous brand shoes with soles [...]
Category: Infringement - Unfair Competition-Jurisprudence Jurisprudence-
January 17, 2012
The Court of Appeal of Paris in a judgment of 24 June 2011 came to cast doubt on the possibility for an applicant to invoke the aggregation rule in terms of designs.
The cumulation rule means that designs are doubly protected under French law. They are by the law [...]
Category: Jurisprudence Jurisprudence-Global-Industrial Property
January 10, 2012
Decree No. 2011-2023 of 29 December 2011 concerning the powers of control and sanction of the National Commission for Data Protection Authority, resulting from Act No. 2011-334 of 29 March 2011 on the Rights Defender, amended Decree No. 2005-1309 of 20 October 2005 implementing the Data Protection Act & [...]
Category: Technical Update-News Global-Data Protection
November 28, 2011
A group of users called "EUROPE VERSUS FACEBBOK" filed 22 complaints with the authority controls the processing of personal data against Irish FACEBOOK (headquartered in Europe is located in Ireland).
The various arguments advanced by these complaints are:
"- The Pokes are retained even after being deleted by the user.
- [...]
Category: Technical Update-News Global-Data Protection
November 4, 2011
The CNIL has formalized its opposition to Ordinance No. 2011-1012 of 24 August 2011 on electronic communications including transposing Directive 2009/136/EC of 25 November 2009.
This Order considers, besides the enhanced information, the prior consent of the registration of cookies could result from setting their web browser or other device under their control [...]
Category: Technical Update-News Global-Data Protection