ArticleThe Importance Of An Explicit Secrecy Clause In Clinical TrialsEuropean Patent Office, Board of Appeal, 7 July 2007, T 0007/07 (Ethinylestradiol and drospirenone for use as a contraceptive/BAYER PHARMA AG)NetherlandsFood, Drugs, Healthcare, Life SciencesKennedy van der Laan
ArticleThorough Reform Of Dismissal Law PlannedPlans on drastic modification of Dutch dismissal law and the Unemployment Insurance Act NetherlandsEmployment and HRKennedy van der Laan
ArticleCourt Of Justice EU: No Compensation For Radio Music In Waiting RoomThings are brewing up at the European copyright collection societies, because the Court of Justice of the European Union has rendered a interesting judgment (in Dutch) on the mandatory remuneration for background music. NetherlandsMedia, Telecoms, IT, EntertainmentKennedy van der Laan
ArticleWhat Is The Score With AdWords?Tempur regularly litigates against competitors who are using the designation ‘Tempur’ in their advertising campaigns.NetherlandsMedia, Telecoms, IT, EntertainmentKennedy van der Laan
ArticleAlways Reverse An Instant Dismissal Within Six Months?The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945 (‘BBA’)) stipulates that an employer may only give notice of termination of the employment relationship with an employee after obtaining the prior consent of the UWV and therefore after obtaining a dismissal permit. NetherlandsEmployment and HRKennedy van der Laan
ArticleJudgment On Program Information: Court Rules That It Is Now Up To PoliticsIn the weekend of 2 June 2012 De Telegraaf had a supplement with the program information for one week. NetherlandsIntellectual PropertyKennedy van der Laan
ArticleFurther Restraints On Executive CompensationWe have previously written in this newsletter about the Regulation on Restrained Compensation Policies Dutch Financial Supervision Act 2011 ("Wft") of the Dutch Central Bank ("DNB") that entered into force on 1 January 2011. NetherlandsCorporate/Commercial LawKennedy van der Laan
ArticlePretium vs TROS - Interesting Judgment For Consumer Programs And Investigative JournalistsThe Court of The Hague ruled on 11 July 2012 in proceedings on the merits in the umpteenth case between Pretium and the Dutch broadcaster TROS. NetherlandsMedia, Telecoms, IT, EntertainmentKennedy van der Laan
ArticleEmployer Also Responsible For Self-Employed Worker Without Employees?The contractor runs a sole proprietorship in which he manufactures and repairs, inter alia, steal constructions by order of third parties. NetherlandsEmployment and HRKennedy van der Laan
ArticleGeneric Drug May Not Be Included In G-Standard Before Expiration Of PatentThe Dutch Supreme Court has ruled in legal proceedings between Glaxo and Pharmachemie, in which the question was whether a generic drug may already be included in the so-called G-Standard before the expiry of the patent of the original drug. NetherlandsIntellectual PropertyKennedy van der Laan
ArticleRepresentativeness Of Trade Unions In Social PlanNowadays, in the event of a reorganization an employer usually drafts a social plan, whether or not in consultation or agreement with the trade unions and/or the works council. NetherlandsEmployment and HRKennedy van der Laan
ArticleWorks Council Elections: The Freedom Of The Works Council To Classify Electoral GroupsThe composition of the Works Council is determined by the outcome of Works Council elections. NetherlandsEmployment and HRKennedy van der Laan
ArticleCivil Servant's Appointment Also Counts In Provisions On Succession Of Fixed-Term Employment ContractsIn principle, a fixed-term employment contract will terminate by operation of law. NetherlandsEmployment and HRKennedy van der Laan
ArticleMake Way For The Parody Of NijntjeA discussion of the judgment of the Amsterdam Court of Appeal of 13 September 2011, LJN BS 7825.NetherlandsIntellectual PropertyKennedy van der Laan
ArticleThe Protection Of Journalistic SourcesIn the Netherlands, the protection of journalistic sources is still not enshrined in the law. NetherlandsMedia, Telecoms, IT, EntertainmentKennedy van der Laan
ArticleDuty Of Care Of Banks Towards Third Parties, Help For PracticeOn 13 July 2011, the Court of Rotterdam ruled in a dispute between Stichting Belangenbehartiging Gedupeerde Beleggers Van den Berg (Foundation Representation of Interests of Aggrieved Investors of Van den Berg) (the ‘Foundation’) as claimant and ABN AMRO Bank N.V. (legal successor of Fortis Bank (Nederland) N.V.) (the ‘Bank’) as defendantNetherlandsFinance and BankingKennedy van der Laan
ArticleCommunity Institutions Must Assume The Validity Of National TrademarksECJ of the European Union 24 May 2012, Case C-196/11 P (Formula One Licensing/OHIM)European UnionIntellectual PropertyKennedy van der Laan
ArticleWhat Comes Around, Goes Around: Albron To Pay Heineken Salaries (And Heineken To Pay Albron Salaries)?The Albron case made headlines in the Dutch press as a victory for the little guy. The Dutch labour union FNV and 4 ex-Heineken employees took Albron to court in connection with an outsourcing by Heineken of its catering activities to Albron. NetherlandsEmployment and HRKennedy van der Laan
ArticleECJ Examines Used SoftwareOn 3 July 2012, the ECJ rendered a judgment in a case between Oracle and UsedSoft. NetherlandsMedia, Telecoms, IT, EntertainmentKennedy van der Laan
ArticleMore Obligations For Electronic Communication Providers By Implementation Of New European Framework In Telecommunications ActEarly November of this year, the bill to amend the Dutch Telecommunications Act ("TA") was sent to the Lower House of Parliament (TK 2010-2011, no. 32549). NetherlandsMedia, Telecoms, IT, EntertainmentKennedy van der Laan