Nederlands
English

home

Search

Newsletter

Civil Servants Law

Employment

Intellectual Property

Internet and e-commerce

CIVIL SERVANTS LAW

Unlimited Accrual of Holidays During Illness
With the entry into force of bill 32465 on 1 January 2012, the limited accrual of holidays for sick employees will be abolished. The court ruling to be discussed in this article confirms that (sick) civil servants do not have to await the entry into force of this bill, but are already entitled to the minimum number of holidays under European law at the moment. read more..

EMPLOYMENT

Ex Tunc or Ex Nunc Examination in Cases of Manifestly Unreasonable Dismissal?
In proceedings concerning a manifestly unreasonable dismissal, the court will consider all circumstances of a case. The Supreme Court has recently answered the question as to whether the court should only consider the circumstances at the time of the dismissal, or also the circumstances that occurred after the dismissal. read on..

Works Council Should Have Awaited Sectoral Committee's Decision. Injunctive Relief Denied
On the basis of the Dutch Works Councils Act, in principle, the Works Council has to request the Sectoral Committee's mediation in writing before submitting an application to the Subdistrict Court. In this case the Works Council did not await the decision of the Sectoral Committee, which has led to the denial of the provisional remedy applied for. read on..

INTELLECTUAL PROPERTY

The Complexity of Series of Trademarks
To the scarce European case law on series of trademarks now the Uniweb judgment has been added. In this judgment the European Court of Justice ("ECJ") gave the Court a cuff on the ear because the Court too easily set aside an earlier decision of the OHIM, in which a claim under a series of trademarks was granted. The ECJ has emphasized that such an opposition or infringement claim under a series of trademark requires complex assessments of fact, and referred the case back to the Court. read on..

Red/White Color Trademarks Invalid but Still a Victory for Ajax
Ajax took legal action against a seller of a red/white hoody zip with three Andreas crosses and AMSTERDAM on it, inter alia on the basis of its red/white color trademarks. The color trademarks were declared invalid by the Court because they were not sufficiently clear. But in the end, Ajax still won the case. read on..

Joop Schafthuizen Wins Preliminary Relief Proceedings on Quotes from Unpublished Work of Gerard Reve
Joop Schafthuizen, the life partner of the author Gerard Reve who died in 2006, is holder of the copyrights to the entire oeuvre of Reve. To what extent does the biographer Nop Maas need Schafthuizen's permission to quote from unpublished work by Reve? read on..

INTERNET AND E-COMMERCE

Webshop Owners and the Right of Withdrawal under the new Consumer Rights Directive
Contractual rights of consumers in door-to-door and distance sales are currently set out in Directives 85/577/EEC and 97/7/EC. After an evaluation, the European Commission and the European Parliament conclude that these directives should be replaced by a new Directive on Consumer Rights. This will have consequences for the right of withdrawal, among other things. read on..

If you would like to receive the Kennedy Van der Laan Newsletter in the future, please subscribe here.

Should you no longer wish to receive the Kennedy Van der Laan Newsletter, please unsubscribe here.