Newsletter September 2011
CORPORATE
Recent Developments in Company Law
Within one week, the Dutch Cabinet has come up with two proposals
that will cause an important change to the company-law landscape.
The idea behind the changes is to limit administrative costs for
entrepreneurs.
read on..
EMPLOYMENT AND EMPLOYEE CO-GOVERNANCE
LAW
Right of the (Central) Works Council to Litigate - there are
more options than you think!
In principle, the Works Council may only litigate if this right has
explicitly been granted by law. The Works Council may have a
supplementary right to litigate where this is relevant to the
performance of its duties. In the ruling discussed below, the
Central Works Council and the Works Council were each admitted as
independent litigants.
read on..
Implementation of a New Business Model and the Works
Council's Right to Advise
Ongoing competition and the digitalization of society have been
plaguing the mail market for a long time already. In the case
discussed below, the Works Council initiated a court procedure
because of a projected decision of the employer to implement a new
business model, which would involve forced redundancies.
read on..
The Applicability of the BBA to Employees Posted Abroad
Under the Extraordinary Labor Relations Decree 1945
(Buitengewoon Besluit Arbeidsverhoudingen 1945
("BBA")), an employer requires the prior permission of
the UWV to terminate an employment relationship. Does the BBA also
apply to a Dutch employee who has been posted abroad?
read on..
INTELLECTUAL PROPERTY
Make Way for the Parody of Nijntje
Dick Bruna does not want Nijntje (Miffy) to be used in jokes on the
Internet. He started preliminary relief proceedings, but the court
denied his claims. Parodies are allowed, within certain boundaries.
It is not necessary that everybody thinks it is funny.
read on..
No Large Scope of Protection for G-Star's Elwood
G-Star has already litigated a lot about its ‘Elwood’ jeans. In
earlier cases it has been decided that the Elwood jeans are
protected by copyright. However, from a recent - unsubstantiated -
judgment of the Dutch Supreme Court it appears that the scope of
protection is more limited than G-Star would have hoped for.
read on..
INTERNET AND E-COMMERCE
4 Tips for Facebook Promotions
Facebook can count on more and more attention of businesses,
inter alia for the promotion of products and services, for
instance by organizing promotional games of chance or competitions
via Facebook. It is worthwhile in this respect to observe the
following tips in order to prevent removal of a Facebook page.
read on..
MEDIA
Quotations Without the Consent of the Interviewee
The Polish Press Act provides that the publication of quotations
(in word, sound and picture) is prohibited without the
interviewee's prior consent. Is this rule justified to prevent
damage to the reputation because of quotations that are not
accurate or distorted in any way? Or are the media being censored
this way?
read on..
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