TRINITI Newsletter
Intellectual Property and IT
European Union News

The general data protection regulation. What do we need to know?


The General Data Protection Regulation (the Regulation) implementing harmonised legal data protection rights and data protection standards throughout all the European countries, including the Baltic States will come into force on 25 May 2018. This Regulation will become applicable in less than a year, therefore, it is time for companies to begin preparing for the proper implementation of this Regulation and for the coordination of the corporate data protection standards with the legal provisions.


Estonia – opportunity to be new data heaven?

GDPR sets out possible exemptions for Denmark and Estonia, stating that in Estonia the fine is imposed by the supervisory authority in the framework of a misdemeanour procedure. This means that both Estonia and Denmark can decide on different scale of fine as long as fines are effective, proportionate and dissuasive.


Cjeu Manni case: it is legal to disclose the data of the natural person if it relates to the commercial activity


Mr. Manni was a director of Italiana Costruzioni Srl, an Italian building company that was awarded a contract for the construction of a tourist complex. He found out that he was losing clients who performed background checks of the company. It appeared from the companies register that Mr Manni had been the sole director and liquidator of another company, Immobiliare e Finanziaria Salentina Srl, which had been declared insolvent in 1992 


Simplified terms and conditions of submitting a commercial proposal to the consumer

On 30 March 2017, the Court of Justice of the European Union issued a preliminary ruling which clarified the application of the submission of the material information to the consumers in the context of the “invitation to purchase” according to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair business-to-consumer commercial practices in the internal market.


The European Union has ratified the Marrakesh agreement – more possibilities for the blind, visually impaired and other reading disabled persons

On 10 May 2017 the European Union ratified the Treaty for Improved Access for the Blind, Visually Impaired and Other Reading Disabled Persons to Copyrighted Materials, adopted by the World Intellectual Property Organisation in Marrakesh (Treaty).


Only the trademark in actual use is eligible for protection

On 30 March 2017 the Court of Justice of the European Union issued a preliminary ruling clarifying the term of “genuine use” of the trademark, in accordance with Regulation No. 207/2007 of the Council of 26 February 2009 on the European Union trademark.

Is UBER transport or it service?

On 11th May, Advocate General Szpunar of European Union Court of Justice delivered an opinion in preliminary ruling procedure C-343/15. In Spain, the issue in proceedings was a service by the name of UberPop, whereby non-professional private drivers transport passengers using their own vehicles.


The rule in cases of unfair use of the domain “First come, first served” cannot be applied

On 1 March 2017, the Supreme Court of Lithuania issued a ruling in the civil case according to the claim of the plaintiff private limited liability company UAB “Skandinavijos kelias” against the defendant S. N. regarding the cancellation of domain registration.


Infopatent – an invitation to apply for funding

The Ministry of Economy and the Agency for Science, Innovation and Technology (MITA), seeking to strengthen the protection of the rights of intellectual property internationally, have published an investment measure called “INFOPATENTAS” by which legal entities are encouraged to apply for funding of patenting of inventions and registering of designs at an international level.


The Parliament of the Republic of Lithuania adopted the law on patent attorneys

On 29 June 2017, the Parliament of the Republic of Lithuania adopted a new special law - the law on patent attorneys, governing the requirements for people seeking to become the patent attorneys, recognition of the patent attorney, suspension and termination of the activities of the patent attorneys, terms and conditions of the professional activities and self-government of the patent attorneys, the professional rights and responsibilities of the patent attorneys.


New provisions of collective management of copyright and multi-territorial licensing.


In a process of implementation of Directive 2014/26/EU on “collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market”, as well as given Latvian Intellectual property protection and assurance guidelines for years 2015 – 2020, a completely new Law “On Collective management of copyright” was adopted.


Design can protect rights against trademarks

Latvian Board of Appeal of Industrial property has satisfied opposition submitted by Swedish company Ecolean AB against 3D trademark (Oga Joghurt package). Opposition is grounded on earlier European Union design (package) owned by Ecolean AB.

IPR infringers are subject to administrative and criminal liability

Latvian Code of Administrative Violations determines liability for violation of Trademark use according to which person may be fined up to 14 000 EUR, simultaneously confiscation of infringement goods may be applied.


Sharing information on former employers with the future employers only on the basis of consent

General data protection regulation (GDPR) is not yet in force, but Estonian court practice has already awarded significant damages for unlawful processing of personal data.

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