The Dutch reform entered into force on the 1st of January 2016 and contains an obligation to notify data breaches in a maximum of 72 hours from the occurrence of the breach[i]. The obligation used to be valid only for data controllers of certain sectors [ii], while this new law extends the obligation to all …
Category: Article
Replacement of the goods due to their lack of conformity: Is a pet replaceable?
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”(Gandhi). France currently has more than 63 million pets, which means that almost 1 out of 2 households has at least one animal. Despite these, the legal status of the animal has evolved only recently. Indeed, the …
Terrorism: The employer’s duty to protect the mental health of his employees
France has experienced these last months’ horrific terrorist attacks and everyone feels more or less affected by this danger. It seems then important to review the obligation borne by the employer to protect the mental and physical health of his employees. In a judgment of November 25th, 2015, the French Supreme Court (Cour de Cassation) …
Can the artistic creation of robots be entitled to copyright protection?
A few years ago, this question will have seemed coming straight out of one of the Hollywood movies. But today, due to the technology development this question finds a place in doctrine. However, this interrogation is subject to debate within the legal profession. In its current states, French law does not allow a corporation to …
Joint Ventures in China
In the last decades there is a stronger cooperation between China and The European Union at the governmental level (e.g. negotiations for an EU-China investment agreement or China’s one Belt One Road policy), leading to a better environment and more business opportunities for European business and investors. Setting up a joint venture (JV) with a Chinese …
Trademark infringement in China and the procedure to protect trademarks
Without a doubt, China is one of the fast growing economies in the world, which in return has spurred an exponential interest in understanding China’s legal and administrative system. The weak Chinese enforcement system and lack of trademark protection is a big concern for many international businesses that wish to explore the Chinese market. Good news …
Bad-faith Trademark Registration in China
For international companies that wish to bring their products to the Chinese market or manufacture their products in China, appropriate protection of trademarks is very important to avoid the risk of trademarks being misused or infringed by someone else. However, European businesses using trademarks written in Latin characters, do not immediately have sufficient protection for their trademarks written …
Reform of the Dutch arbitration law
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 1st January 2015, inspired by the UNCITRAL Model Law, acknowledged the developments that occurred in the field of Arbitration since the …
Precedent or sui generis in the art world: Judge condemned an artist to create a big and ‘roomfilling’ piece of art
The 24th 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 …
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 …