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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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