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15 Nov 2018, 4:02 am by Ben
The CJEU has  rejected a controversial attempt to use copyright law to protect the distinct taste of a food product, in this case a Dutch cheese. [read post]
14 Nov 2018, 1:59 pm by Stewart Baker
Nate Jones and I examine the latest chapters in the now-encyclopedic tale of Silicon Valley v. [read post]
13 Nov 2018, 6:40 am
 This conclusion is in fact also prompted by the following consideration: if, on the one hand, we accept that solutions like the one of the Dutch Supreme Court in Kecofa v Lancôme, ie that copyright could vest in a perfume, may not be tolerated then, on the other hand, protection could not be denied in a certain work just because it does not belong to one of the categories envisaged by a certain Member State’s list of protectable works. [read post]
13 Nov 2018, 3:28 am by Stewart Baker
Nate Jones and I examine the latest chapters in the now-encyclopedic tale of Silicon Valley v. [read post]
9 Nov 2018, 12:04 am by Kit Chong Ng
The Decision in UP v Hungary – Achmea does not apply to ICSID Tribunals On 9 October 2018, the Tribunal in UP and CD Holding Internationale v Hungary (ICSID Case No. [read post]
5 Nov 2018, 7:12 am by Paula Lombardi
Urgenda Foundation v Kingdom of the Netherlands Recently, on October 9, 2018, The Hague Court of Appeal made an unprecedented ruling in finding that the preservation of a stable climate system is a fundamental human right and ordered the Dutch government to meet its commitment of reducing its greenhouse gas emissions. [read post]
17 Oct 2018, 8:28 am by Brian Cordery
The patent validity rested on whether it could properly claim priority from a Dutch patent application. [read post]
17 Oct 2018, 3:59 am
It is now up to the Dutch court to decide whether Louboutin should come out on top, keep its Benelux registration and win its infringement action against Dutch shoe shop Van Haren. [read post]
29 Sep 2018, 5:49 pm
The latest issue of the Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Vol. 78, no. 3, 2018) is out. [read post]
28 Sep 2018, 7:49 am
Particularly, what does the opinion mean for acquired distinctiveness in the EU, in view of the The General Court and the Advocate General’s favoured approach, whereby sufficient evidence of acquired distinctiveness through use is required for every Member State. [read post]
25 Sep 2018, 9:05 am by Jack Sharman
The Fall (1956) is narrated by a disgraced lawyer sitting in a Dutch bar. [read post]
16 Sep 2018, 4:21 pm by Simon Lester
On procedural grounds, in accordance with the New York Convention, a court may refuse to recognise or enforce an arbitral award ex officio if it find out that doing otherwise would be contrary to the public policy of that country [article V(2)(b)]; by contract, an ICSID award can be annulled only due to a serious departure from a fundamental rule of procedure [ICSID Convention, article 52(1)(d), Arbitration Rules 50(1)(c)(iii)]. [read post]
3 Sep 2018, 4:49 pm by Kevin LaCroix
California’s enactment of this privacy legislation raises the question whether other states will follow suit. [read post]
30 Aug 2018, 4:49 pm by Kevin LaCroix
California’s enactment of this privacy legislation raises the question whether other states will follow suit. [read post]
22 Aug 2018, 10:19 am by Eugene Volokh
" According to the newspaper, the Dutch man is facing charges of insult, insulting an official, and insulting a friendly head of state. [read post]
Another example is a brief by former ICE and Homeland Security officials in United States v. [read post]
12 Aug 2018, 3:15 am by Barry Sookman
RT @CJPiovesan: Honoured to be announced by @NavdeepSBains as one of six innovation experts to host roundtable discussions with Canadians i… 2018-08-05 Government of Canada selects innovation experts to lead national consultation on digital and data transformation -… https://t.co/WAZbiSWs51 2018-08-05 Computer and Internet Weekly Updates for 2018-08-04 https://t.co/v53M8ILrit 2018-08-05 Computer and Internet Weekly Updates for 2018-08-04 https://t.co/GrCod4qf4E 2018-08-05… [read post]
25 Jul 2018, 10:43 am
 As of today, this case arguably represent the most sophisticated and explicit use of EU pre-emption by the Court and – in even more express terms – by AG Wathelet in his Opinion [here].In the present case, should the CJEU decide to follow the Opinion of its AG, this would mean that an approach like the one adopted by the Dutch Supreme Court in Kecofa v Lancôme (in which copyright was found to subsist in the smell of a perfume) would not be allowed.Is… [read post]