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 …
Category: Article
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 …
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.
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 …
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 …
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 …
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 …
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 …
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 …