Matheson’s technology and IP law blog

Data Protection complaints are alive and well in Ireland

September 15th, 2013


Commissioner’s 2012 annual report shows a further increase in data protection complaints The Office of the Data Protection Commissioner (the “Commissioner”) launched its twenty-fourth annual report this week detailing the work carried out by the Commissioner during 2012. The report contains details of the investigations and audits undertaken over the course of the year along with a summary of policy matters and EU activities. The full report is available here.   Increase in data protection complaints The report states that… Read more…

Some CTMs are more equal than others…

September 12th, 2013


The Court of Justice of the European Union, “CJEU”, recently held that the owner of a later registered Community trade mark, “CTM”, can be held liable for trade mark infringement against an earlier registered similar or identical CTM.   Background The CJEU considered whether an earlier registered CTM could be infringed by a later registered CTM in the case of Federation Cynologique Internationale “FCI” v Federacion Canina Internacional de Perros de Pura Raza “FCIPPR”, Case C 561/11. In 2006 FCI… Read more…

Application of the new European data protection regulation to US companies

May 3rd, 2013


The European Union’s draft data protection regulation (the “Regulation”) contains new and controversial extra-territorial provisions extending the Regulation’s reach to some companies based outside the European Union. Organisations processing personal data about European residents will be subject to the Regulation if they: offer goods or services to data subjects in the European Union; or monitor behaviour of those data subjects (“Profiling”). These rules will bring many US tech companies within the scope of European data protection law, many of which… Read more…

Matheson hosts cloud computing breakfast seminar

May 2nd, 2013


On Wednesday, 1 May 2013 Matheson hosted a Society for Computers and Law (SCL) breakfast seminar entitled “Law and regulation as we move to the Cloud.” John O’Connor, head of the Technology and Commercial Contracts Group, chaired the event which focused on legal and regulatory issues surrounding adoption of cloud computing at enterprise level. Among the issues he discussed were intellectual property rights, changes to terms and conditions, data protection concerns, limitations and exclusions of liability and transparency requirements. Guest… Read more…

Irish Data Protection Commissioner to audit major social media companies

February 14th, 2013


The Irish Data Protection Commissioner (the “DPC”) has stated his intention to carry out scheduled audits of major social media companies that have operations in Ireland. Commissioner Billy Hawkes said that many such companies had their European headquarters in Ireland and therefore they fell under his jurisdiction as Irish Data Protection Commissioner. He added that Ireland had a significant responsibility to the rest of Europe in this regard. Under the Data Protection Acts 1998 and 2003, the DPC has powers… Read more…