PERSONAL DATA IS NOT FOREVER
By Maria Sol Porro, Trademark Lawyer
Protection of personal data is an issue that has gained relevance in the last year in all parts of the world. An example of this phenomenon is the implementation of the General Regulation of Personal Data (GDPR) in the European Union in 2018 or the new laws, modifications to the current ones or judicial decisions on the matter, that Latin American countries began to implement to be in accordance with the community regulations.
In this respect, in a recent judicial ruling, the Supreme Court of Justice of the Nation of Mexico (SCJN) analyzed the pertinent period to keep personal data within the Law for the Protection of Personal Data in Possession of Obligated Subjects of the State of Guerrero and determined the invalidity of a portion of the regulations since it established generic terms for the preservation of personal data.
In this sense, the Court understood that this generic term was in violation of the right to the protection of these data, since the treatment of them requires individualization in each specific case, so to decide what deadlines to apply should be attended to the applicable provisions in the matter in question.
As a …
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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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European Union Approves Copyright Directive
By Maria Sol Porro, Trademark Lawyer
Last March the plenary of the European Parliament approved the New Directive on Copyrights, with 348 votes in favor, 274 against and 36 abstentions, after two years of increasingly heated arguments and moods, not just between companies and content producers but also with the same citizens.
The controversial text has received the support of authors of different works and the rejection of different activists and organizations. For the former, the approval of this directive means the acquisition of more efficient tools for the protection of their rights on the internet and simpler ways to obtain redress of their rights when they are violated. On the other hand, those who opposed mainly the approval of the new directive, warned that this situation will affect the freedom of expression, replaced by the reign of censorship.
For a better understanding of the opposing positions, list below what, in our opinion, are the main novelties that the mentioned directive deals with:
* Main affected
The average user is not the objective of this regulation, according to the European Parliament itself. In this way, the legislative institution assured that the proposal for a directive would not be aimed …
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McDonald’s Loses Flagship Trademark “Big Mac” in the European Union
After years of confrontation with the small Irish supermarket chain, “Supermac”, founded in 1978, the European Union Intellectual Property Office (EUIPO) has revoked the rights to use the “Big Mac” brand in the European Union, registered by the multinational-nal “McDonald’s”.
The conflict began in 2015 when “Supermac” wanted to expand its 100 stores throughout the United Kingdom and other areas of the EU, trying to register the “Supermac” trademark on these sites. However, he found that although none of the products offered by the Irish was called ¨Big Mac¨, the multinational used the similarity between the two trademarks to block the expansion, preventing the registration of “Supermac” in the EU, pointing out that the similarity of both TM could confuse consumers. In this case, the EUIPO agreed with the US multinational due to the similarities between the two signs and the possible confusion alleged by McDonald’s.
Before this blockade by the multinational, the Irish fast food chain presented its claim against EUIPO in April 2017, requesting the revocation of the protection on the trademark “Big Mac”, alleging that “McDonald” registers and retains different denominations to use against its future competitors.
In relation to this new requirement, …
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8 Keys to Understand the New European Trademark Directive
Nowadays the economic markets experience constant and vertiginous changes in the way in which daily transactions are developed, both of goods and of services. Within these markets, not only material assets have a paramount value, but also the signs used to identify them and to distinguish them from the rest of the competitors, that is, the so-called intangible assets.
Therefore, it is not surprising that the European Union decides to harmonize the laws of each of its members in relation to the type of trademarks that can be requested before the European Union Intellectual Property Office (EUIPO), the requirements of the applications and also of the form of processing.
For this reason, on December 16, 2015, Directive No. 2015/2436 was issued, “on the approximation of the laws of the Member States regarding trademarks”, which entered into force on January 14, 2019. In this sense, it is important to point out that since a Directive is the one that establishes these rules in trademark issues, each European country must dictate a national law to transpose the community regulations to its national scope in order to avoid any type of penalty in case of not doing it.
Based …
Read MoreNew General Data Protection Regulation
On April 14, 2016, the EU adopted the new Data Protection Directive, officially known as Directive 95/46/EC. This directive was created to regulate the progression of personal data within the EU. It involves the rights of individuals related to this matter and the obligations of the managers and controllers of data sets.
This new directive introduces a new perspective on data protection and is different to privacy law, which is considered a human right. Data protection is not recognized within international treaties and for that reason, Directive 95/46/EC individualizes and distinguishes between privacy law (art. 7) and data protection (art. 8).
The new Data Protection Directive replaces the current European data protection rules consisting of the 1995 Data Protection Directive and 28 national data protection laws. This new directive will be directly applicable to all EU member states without the need for national implementing legislation.
This directive will be applied to companies and public entities established in any member country of the EU and companies not established in the EU, but that offer goods and services in any EU country.
In this regard, National data protection authorities, as well as European privacy bodies, will issue guidelines …
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