The CJEU gives a “like” to Data Protection
By Maria Sol Porro. Trademarks Lawyer and University Professor.
Last August, the CJEU settled a new conflict about the processing of personal data, Facebook and the popular “like” icon. The conflict took place when ¨Fashion ID¨, a German e-commerce company that sells clothing, inserted the “like” Facebook button on its website. This insertion seems to have the consequence that, when a visitor visits the “Fashion ID” website, personal data of that visitor is transmitted to Facebook Ireland. As it was analyzed in this ruling, this transmisión of data is made without the said visitor being aware of it and regardless of whether they are a member of the Facebook social network or if they clicked on the “like” button.
For this reason, ¨Verbraucherzentrale NRW¨, a German public association defending the interests of consumers, made a complaint against ¨Fashion ID¨ for having transmitted to Facebook Ireland personal data of visitors to its website, on one hand, without the consent of the latter and, on the other, breaching the information obligations established in the provisions related to the protection of personal data.
Having reached the conflict in the German Court of First Instance, the matter was finally sent to the EU …
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GDPR vs. BREXIT
By Maria Sol Porro, Trademark Lawyer
On May 25, 2018 the European Union, after its approval in Parliament and its European Council, came into force the General Data Protection Regulation (GDPR), in order to unify the regulations of all the Member States on the matter. Faced with this new regulation, which affects both, citizens and European companies, the complex exit of the United Kingdom from the Union, for which a new date has been set for October 31st* of this year, is one of the biggest concerns for the community companies that operate in the Anglo-Saxon country.
Faced with this situation, different hypotheses are presented taking into account whether the English House of Commons decides to leave the EU with an agreement, also known as the “Soft Brexit”, or without agreement, giving way to a Hard Brexit”.
In the event that the exit situation happens within an agreement, or the so-called “Soft Brexit”, the GDPR will continue to be applicable during the transition period set by the aforementioned agreement, creating a period of transposition of laws as a result. From that date, the United Kingdom would have until December 31st, 2021 to sign new treaties with the European Union, …
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Free Trade Agreement: Implications for patents and designs
By Marta Garcia
The European Union (EU) and the four founding members of sub-regional trade bloc Mercosur (Argentina, Brazil, Paraguay, and Uruguay) have been negotiating a free trade agreement (FTA) for the last 17 years as part of a broader Association Agreement between the two regions.
After a pause in the EU-Mercosur negotiations in 2012, these were re-launched in May 2016. Since then, there have been several rounds of negotiations, with the pace picking up in recent months.
The current EU proposal for the FTA comprises a chapter on intellectual property rights (IPR) covering standards concerning copyright, trademarks, designs, geographical indications, patents and plant varieties, as well as a section regarding IPR enforcement.
Regarding industrial designs, the EU proposal establishes in its Article 6.1 that the parties shall implement the Geneva Act to the Hague Agreement Concerning the International Registration of Industrial Designs (which establishes an international system – the Hague System – that allows industrial designs to be protected in multiple countries or regions with minimal formalities). Regarding the term of protection, under article 6.3 of the EU proposal, the duration of protection available shall amount to 25 years from the date of filing of the application. Additionally, …
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