Newsletter August 2008
EMPLOYMENT
The Supreme Court Specifies "Being A Good
Employee"
In its judgment of 11 July 2008, the Dutch Supreme
Court has further elaborated the Taxi-Hofman criterion. The Supreme
Court has ruled that the first thing to be assessed is whether the
employer, in view of all circumstances of the case, has behaved as
a good employer and has made a reasonable proposal.
read more
INTELLECTUAL
PROPERTY
Comeback for the legal fiction of the Anti Piracy
Regulation?
The recent judgment in Sosecal v. Sisvel may confirm that
the Diesel / Montex ruling of the European Court of
Justice has in fact not eliminated the legal fiction laid down in
the Anti Piracy Regulation.
read more
Trading in goods that infringe third party trademarks
unlawful towards retailers
Court confirms that supplier is in breach of contract towards
retailers by providing goods that infringe on intellectual property
rights of third party trademark holder.
read more
It is Hard to Stop the Publication of a Scientific
Article
In preliminary relief proceedings NXP claims a ban on the
publication of a scientific article of Radboud University Nijmegen
in which the secret algorithm of NXP's Mifare Classic Chip is
mentioned.
read more
Compensation of Legal Costs in IP Cases Now with
Indicative Rates
As of 1 August indicative rates put a maximum to the amount of
attorney's fees that are compensated in IP cases.
read more
MEDIA
Dutch Supreme Court Allows Monitoring of Journalists by
the AIVD "In the Interest of National Security"
The protection for journalists' sources is not
absolute and must, under circumstances, give way to an overriding
requirement in the public interest. Thus the Supreme Court could
rule that the monitoring of two journalists of De Telegraaf by the
Dutch General Intelligence and Security Service (AIVD) was allowed.
But did the State really have such a serious interest?
read more
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