Patrycja Szwed

computer program code

How are computer programs protected in Europe: copyright or patent protection?

When the first computer programs were created the world faced the question: how should we protect them? The choice was basically between two already existing and very different types of protection: copyright and patent protection. I. CHOICE BETWEEN PATENT AND COPYRIGHT PROTECTION At first sight, the patent might seem like a more intuitive and adequate …

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shop sales

How not to limit sales online: be careful with these tempting solutions

People shop online more often. Not only because it’s more comfortable but also (or mainly) because online it’s easier to find the best price for the specific product. For the same reason, for the suppliers, online sales may be a nightmare. Consequently, they often ask: “what can I do about it?” To be honest, not …

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palette

Understanding the EU Copyright Directive – the most discussed provisions

Two months ago, the deadline for the implementation of the controversial EU Copyright Directive (and, more precisely, Directive EU 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC) expired. And even if the Member States …

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CDSM Directive on the verge of its implementation: mess and uncertainty

The EU Directive 2019/790 on Copyright in the Digital Single Market (‘CDSM Directive’) aims to reform copyright law in the EU, providing the greatest modification in the field since the adoption of the 2001/29 EC Directive on the harmonisation of certain aspects of copyright and related rights in the information society. CONTROVERSIES The CDSM Directive …

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Terms of Service

Online B2B transactions in the EU: how to make your terms and conditions enforceable

In the last decades, we’ve experienced a digital revolution: almost all our daily activities are available online. That includes concluding agreements, also those with other entrepreneurs. In that context, it’s necessary to understand what requisites must be satisfied to make the contracts concluded online between businesses enforceable. The question is of particular importance when we …

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EU flag

Confused with the European Union laws? Check our guide and fear no more!

On this blog, you’ll find numerous references to the European Union (EU) laws, in particular to regulations and directives. The European legal system may be confusing. Hopefully, after reading this guide, you’ll find it easier to understand the differences between the various EU instruments. I. PRIMARY LEGISLATION EU legislation is divided into primary and secondary. …

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A hacker finishing for data in others' cell phones

Data leaks and web scraping – the thin border between legal and illegal

I. RECENT CASES OF ‘DATA LEAKS’ AND WEB SCRAPING Management of one’s personal data has become more than just a subjective right. Personal data have developed into a currency with which you can pay for numerous smartphone applications and internet services. But not only: putting aside all the privacy laws, personal data may be also …

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Hacker in front of his computers

Is web scraping legal? A short guide on scraping under EU law

Even though web scraping is ubiquitous, its legal status remains unclear. That is because whether web scraping is legal will depend on many aspects. Currently, web scraping is not per se prohibited in the European Union but the use of data mining tools is legally risky. So, before you jump into your daily dose of …

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Are you creating online contracts with consumers in the EU? Don’t forget these 5 things!

When offering your goods and services online, you must be aware of the complicated EU laws protecting consumers (that is any natural person acting for purposes outside his trade, business or profession). Indeed, there exist developed consumer rights for those buying online within the European Union. These five pieces of advice will help you conclude enforceable B2C contracts …

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Messenger and Instagram disabling some features – is Facebook really quitting Europe?

If you live in Europe you might have noticed a message appearing recently on your Messenger and Instagram accounts announcing that some features are not available in order to ‘respect new rules for messaging services in Europe.’ The ‘new rules’ are the updated privacy restrictions and the features which seem (or seemed) to be missing …

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Are Google translations copyrighted in the EU?

Can mechanical translations be copyrighted? According to the Berne Convention (a convention for the Protection of Literary and Artistic Works signed by 179 contracting parties), the translations are generally protected by copyright. Of course, “without prejudice to the copyright in the original work.” (see art. 2 (3) of the Berne Convention). Therefore, an author of …

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