IP-IT law – Page 2 – Legal knowledge portal

A Decision Guide for Filing International Patent Applications for Multiple Inventions

December 7, 2017

Companies have two choices for meeting the PCT patent application filing requirements when they have multiple pending provisional applications. We go through the pros and cons for each approach. A company engaged in research and development will often create multiple related inventions within a year, and file a separate provisional ... Read More »

Damages for false Google Reviews

November 13, 2017

A Day Nursery has successfully claimed damages for false Google Reviews. Cost, including legal costs, must also be paid. False reviews The Day Nursery asserted that a certain N. had placed reviews (Google Reviews) using aliases. It concerned the placement and adjustment of negative reviews relating to the Day Nursery. ... Read More »

Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day

November 9, 2017

In performing the likelihood of confusion analysis between a registered trademark and an applied for mark, the Trademark Trial and Appeal Board (the “Board”) considers a range of factors known as the du Pont factors. One of the factors upon which a case can turn is the similarity of the ... Read More »

Report from the Spanish Data Protection Agency legal department: relevant issues

November 3, 2017

The Legal Office of the Spanish Data Protection Agency (hereinafter, the “AEPD”, its Spanish acronym, has issued a report (0195/2017) on a series of issues related to the impact that the full application, on 25 May 2018, of the Regulation (EU) 2016/679 of the European Parliament and of the European ... Read More »

Supreme Court: camera images normally do not contain ethnicity data

October 13, 2017

The Supreme Court has, by means of a section 81 Judiciary (Organization) Act [Wet op de rechterlijke organisatie – RO] decision, ruled on 27 June 2017 (implicitly) that the processing of camera images does not imply processing of “ethnicity data”. Handing over of debit card transaction images In the context ... Read More »

Costs of registering a trademark or design

October 9, 2017

Having a trademark or design is essential for the proper protection of a company’s products and services. The number of companies registering a tradename or design remains large. The new fees for registering a trademark or design have recently been published. Trademark A trademark is a mark used to distinguish ... Read More »

Equifax Data Breach: What You Should Do Now

September 28, 2017

On September 7, 2017, Equifax announced that it had experienced a cybersecurity breach impacting approximately 143 million people. It appears that the unauthorized access occurred mid-May through July 2017. If a credit report was run on you prior to, or during the breach, then your information was probably exposed by ... Read More »

Car advertising still under scrutiny from the Dutch Advertising Code Committee

September 14, 2017

Advertisements for car makes are under the continued scrutiny from the Dutch Advertising Code Committee (Reclame Code Commissie or RCC). This is important news for communication, consultancy and advertising agencies. Like the car makes, they too have to take advertising law into account continuously. Over-promising In 2015, the Dutch Advertising ... Read More »

Don’t just sign a processor’s agreement, in particular if you are not actually a processor

August 9, 2017

More and more organisations require suppliers and partners with whom personal data is exchanged to enter into a processor’s agreement. Regularly, signing the processor’s agreement is even (more or less) forced upon them. Often it is insufficiently considered whether it is actually required that a processor’s agreement is signed. It can ... Read More »

Trademark Protection for Medical Practices and Hospitals

August 8, 2017

University hospitals, hospitals, and medical practitioners in community practices are increasingly concerned with their own placement in the market. If they want to act economically, it is necessary to sell not only the necessary medical care, but also additional offerings, which are often common in wellness treatment centers. Hospitals, medical ... Read More »

Design Protection in Russia – Time for a Portfolio Check

July 24, 2017

With the accession of Russia to the Hague Agreement Concerning the International Registration of Industrial Designs, protection of designs in Russia will soon be possible with relatively little effort. For companies that are already active in the region or consider entering that market, this provides an attractive opportunity to expand ... Read More »

Spain: Publication of the draft Personal Data Protection Law to replace the Personal Data Protection Law 15/1999

July 21, 2017

The Ministry of Justice has published the draft Personal Data Protection Law to replace Personal Data Protection Law 15/1999 (LOPD, its Spanish acronym) in order to adapt the Spanish regulations to the General Data Protection Regulation 2016/679 (GDPR), passed by the European Union on April 2016. This draft is submitted ... Read More »

Domain name disputes: mandatory transfer according to the three-step test?

July 11, 2017

Rights to domain names not provided for by law. In the event of disputes, it is the court that decides whether the registration or use of a certain domain name constitutes an infringement. Having said that, not only the court, but the person or body settling the disputes is also ... Read More »

Possibly ‘Google light’ in Europe thanks to questions from French Conseil d’État on privacy law and the right to be forgotten

July 4, 2017

Over 3 years ago, the European Court of Justice gave the famous Costeja ruling. Since then, it has been clear that search engines are also bound by privacy law and can (therefore) receive correction and removal requests. Privacy law also puts additional strict rules on the processing of so-called special ... Read More »

From 1 July 2017, Cloud providers and other IT suppliers are obliged to pass on client records to the receiver in the event of bankruptcy free of charge

July 3, 2017

Over 3 years ago, the government launched a bill to strengthen the position of the receiver. I previously wrote a blog on this bill and the consequences it has for IT suppliers. The bill has in the meantime reached the finishing line virtually unscathed and will come into force on ... Read More »

Category Archives: IP-IT law