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There is no penalty for not having a processor’s agreement

There is no penalty for not having a processor’s agreement

Since January, under certain conditions, substantial penalties can be imposed for breaching the Personal Data Protection Act [Wet bescherming persoonsgegevens (Wbp)]. The duty to report data breaches has also been in force since that time. This means that existing processor’s agreements had to/must be amended. Some people are now however ... Read More »

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

IP rights of clients are not safeguarded in Tax Authorities’ ZZP-model agreement

The Employment Relationships (Deregulation) Act (DBA) comes into force on 1 May 2016. This legislative change means that the Declaration of Independent Contractor Status (VAR-declaration) is abolished. Our employment law colleagues have previously written about the employment law aspects of this but there is also important news in the field ... Read More »

A trademark that falsely suggests products are made of a specific type of material when they are not, can still be trademarked

A trademark that falsely suggests products are made of a specific type of material when they are not, can still be trademarked

Applicant applied to register HYDZ for “apparel not made of…animal hides, namely, sweatpants and sweatshirts for casual wear or for wear during exercise.” The TTAB over turned the Examiner’s refusal and allowed the trademark to be registered. This cases touches on two interesting and related technical trademark issues. FIRST: Descriptive ... Read More »

Copyright controversy: nfl players’ in-game performances protected by individual publicity rights

Copyright controversy: nfl players’ in-game performances protected by individual publicity rights

In a decision issued Friday,February 26, 2016 the Eighth Circuit affirmed a summary judgment ruling against NFL athletes John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White. The dispute dates back to 2009 when a number of ex-NFL athletes sued the NFL, alleging in part that the NFL misappropriated ... Read More »

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