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INTELLECTUAL PROPERTY

Trademark Holders Feel the Pain of the Intel Judgment
In its Intel judgment of 27 November 2008 the European Court of Justice gave a very detailed elaboration on the special protection of trademarks with a reputation. In national case law the Intel judgment is referred to ever more often, the most important consequence of which is a heavy obligation to furnish facts on the part of the trademark holder. read more

EMPLOYMENT

Collective Redundancy Via the Subdistrict Court or UWV WERKbedrijf?
In this day and age a collective redundancy is a common thing. Must an employer at all times apply to UWV WERKbedrijf or may he submit a large number of petitions for rescission with the Subdistrict Court? In two recent cases the employer opted for the Subdistrict Court because he was of the view that he could not await the procedure before UWV WERKbedrijf. Is that allowed? If yes, must an employer observe the Collective Redundancy Notification Act and the Dismissals Decree in that case? read more



Holidays During Sickness
On 20 January 2009 the European Court of Justice rendered an important judgment with respect to the relation between holidays and sickness. It could be derived from this judgment that the Netherlands have not correctly implemented the provision of the European Working Time Directive 2003/88/EC ("the Directive") that relates to the accrual of holidays into Dutch law. Below I will discuss the consequences of the judgment for the Netherlands. read more

403 Declaration. Parent Company's Joint and Several Liability for Performance of Subsidiary's Social Plan.
By filing a 403 declaration, a parent company assumes joint and several liability for the debts of its subsidiary(ies). Each individual declaration defines its exact coverage differently. The judgment to be discussed below proves that a 403 declaration may also be helpful to employees when their employer goes bankrupt. read more

MEDIA

Supreme Court Reverses Ban on Use of the Word 'Quack'
The Dutch Association against Quackery is allowed to label therapies that have no demonstrated effect and/or safety as quackery, with the approval of the Supreme Court. read more

Website Liable for Search Results Google?
The website Klup.nl contains information about car company Zwartepoorte. This information is correct. The court has ruled that Klup.nl must be adjusted anyway. Why? In its search results search engine Google combined pieces of information of Klup.nl in such a way that these search results created the impression that Zwartepoorte was bankrupt. read more

Karakó v. Hungary: Does Article 8 of the ECHR Provide a Right to Reputation?
In cases against the media, victims of the media often rely on Article 8 of the ECHR, which in their view protects the right to reputation. In the judgment to be discussed, which may very well become standard case law, the European Court of Human Rights has expressed its opinion on this issue. read more


REAL PROPERTY AND CONSTRUCTION

Compensation Because of the Public Interest
Lessors who also develop new buildings are often confronted with current lessees who have to leave in order to make place for the new buildings. In such cases the lessees often claim compensation of their damage - sometimes with good reason, and sometimes without. read more

CORPORATE

Abolition of the Certificate of No Objection for NVs and BVs
A bill has recently been submitted to Parliament for the abolition of the application for certificates of no objection for purposes of incorporation and the amendment of articles of association of NVs and BVs. This abolition will ease the administrative burden for businesses tremendously. read more

PERSONAL DATA PRIVACY

New regulations e-marketing and marketing by telephone
As of 1 October 2009 a new Do Not Call Registry will be established and the extension of the ban on SPAM for businesses will enter into full force. As of 1 July 2009 a part of the ban on SPAM for businesses will enter into force. What does this mean for the practice of marketing by telephone and e-marketing? read more

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