11/01/2016

Reform of the Dutch arbitration law

800px-Shake_hand After recently blowing the first candle of the entry into force of the law reforming the Dutch law on Arbitration, we will take the opportunity to briefly come back on it.

The law of 1^st January 2015, inspired by the UNCITRAL Model Law, acknowledged the developments that occurred in the field of Arbitration since the entry into force of the law of 1^st December 1986, which regulated the matter until then. The new law is applicable to all arbitration procedures initiated from 1^st January 2015, as well as related proceedings before national courts.

10/09/2015

Precedent or sui generis in the art world: Judge condemned an artist to create a big and ‘roomfilling’ piece of art

The 24^th of June the Court in Rotterdam, gave judgement in the case Kreuk vs. Vo. [1] In this case Bert Kreuk, a Dutch art collector, sued the Danish-Vietnamese artist Danh Vo because of a default of contract. Vo had failed to deliver a piece of art for “Transforming the Known”, an exhibition of Kreuk’s collection in the Gemeentemuseum (Municipal museum) of The Hague.

Kreuk sued the artist for €898,000. Despite the fact that the judge decided that Kreuk won the case, the artist was not condemned to pay the sum of money that was demanded, instead Vo got the order to fulfill the original assignment (which means in this case that Vo still needs to create a big and “impressive” piece of art for the art collector). In the words of the Court: By fulfilling the contract the artist needs to take the demands of the art collector into account, which means that he needs to create a piece of art that “already at first sight, partly because of the size of it, will be experienced as impressive by the spectator”.

01/08/2015

China’s new Foreign Direct Investment Policy – Investing in China

When a foreign investor is contemplating to invest in China, the first thing he has to put in mind is in which industry he is going to invest. In general, it is always wise to tailor your business plan to Chinese economic policy (e.g. five year plan). Specifically, you will have to pay attention to some industrial guidelines issued by Chinese government. In April 2015, Chinese National Development & Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) co-published a new industrial guide for foreign investment (Catalogue of Industries for Foreign Direct Investment 2015: http://www.sdpc.gov.cn/zcfb/zcfbl/201503/t20150313_667332.html), which has repealed the 2011 version and established some new rules for different sectors of foreign industries.

10/07/2015

The Refurbished Dutch Employment Law

Dutch employment law has recently undergone some essential changes. Going beyond just a simple face-lift, the revisions of the ‘Labor and Security Law’ (‘Wet Werk en Zekerheid’) have notable implications for employers and employees alike. Staying on top of these developments is imperative for Dutch as well as international businesses employing workers under Dutch law.

10/07/2015

Legal and practical steps to establish a GmbH or UG in Germany

The German GmbH and the UG as its sub-form are limited companies, meaning that the company’s owners are not personally liable for the debts incurred by the legal entity. In this sense, they are comparable to the English Limited. The UG (“Unternehmergesellschaft”) in particular was introduced by the German legislator with the easy formation of the English Limited in mind.

28/03/2015

Focus on the territorial competence of attorneys

The “postulation” is a specific mechanism in France regulating the territorial competence of attorneys.

Before the “Tribunal de Grand Instance” (French High Court) representation by an attorney is compulsory. This obligation was made for the parties involved in a court case, given the fact that the Tribunal de Grand Instance (TGI) can decide on mayor issues.

19/01/2015

No trademark protection for „Je suis Charlie”

No trademark protection for „Je suis Charlie” – French IP authority crushes applicants’ hopes, Belgian throws in the towel

After the Paris attacks “Je suis Charlie” has become the sign of international solidarity. An opportunity too good to miss for a couple of sly business(wo)men. Just a few days after the incidents the French National Industrial Property Institute (INPI) received several applications, asking for trademark protection for “Je suis Charlie“ or corresponding indications. However, the INPI has curbed the enthusiasm of all those who had hoped the make money off the slogan. On its website INPI announced that no trademarks in this matter will be accepted, as they lack distinctive character.

02/12/2014

IPR Enforcement in China

Perhaps no investment opportunities have captured the attention from investors all over the world recent years more than that of investing in China. This is even more true for European investors since China and the EU are currently engaging in a tough bilateral investment treaty (BIT) negotiation. A conservative estimate by the European Commission suggests that the EU’s FDI stocks in China will increase by 2% and add €2 billion of EU’s exports yearly after signing the BIT.

There is no doubt that this BIT will boost investments in China and Europe. It is predicted that many European giants and SMEs have been planning to consult company law firms to set up an office in China. In the rush of new opportunities, these companies should be cautious and not forget to protect their Intellectual Property Rights (IPRs) in China. European companies that are doing and/or plan to do business aimed at the Chinese market should therefore be familiar with the Chinese system for enforcing IPR.

06/11/2014

Judicial Interpretation on the China’s Establishment of the Specialized IPR Courts

On 3 November 2014, China’s Supreme Court issued a judicial interpretation on the establishment of three specialized IPR courts in Beijing, Shanghai and Guangzhou. According to the deputy chief judge of the intellectual property tribunal under the Supreme Court, the IPR court in Beijing will start to operate before 10 November 2014 and the other two courts will start to hear cases before the end of the year.

01/11/2014

China’s Decision on Establishing IPR Specialized Courts

On August 31, 2014, the Standing Committee of the National People’s Congress of China issued the Decision on the Establishment of Intellectual Property Rights Courts (IPR Courts) in Beijing, Shanghai and Guangzhou (http://news.xinhuanet.com/english/china/2014-08/31/c_133609565.htm). According to the Press Conference of the Higher People’s Court of Beijing, the Beijing specialized IP Court plans to be fully established in November 2014. The other two courts in Shanghai and Guangzhou will also be fully established by the end of the year.