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Author Archives: Dirkzwager legal & tax

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With offices in Nijmegen and Arnhem and more than 260 staff members, Dirkzwager legal & tax has specialist legal knowledge in almost every area of the law. Besides up to date knowledge of legislation and case law, it also demonstrates good judgement of character and knowledge of the markets in which our clients operate. We use our knowledge to serve our clients. We also share that knowledge, a feature that distinguishes us and benefits our clients. Clients who are supported by a lawyer with the latest professional knowledge are in a stronger position and need have no concerns. By actively sharing its knowledge, keeping you constantly updated during your case and providing clear explanations, Dirkzwager helps you become wiser. Which means that in future you can identify similar problems sooner and be better prepared, even in the temporary absence of your lawyer. After all, it’s always easier to talk about things you understand.
A commercial agent’s entitlement to indemnity: can this really be excluded?

A commercial agent’s entitlement to indemnity: can this really be excluded?

In Europe, commercial agent legislation is based on a uniform European directive (86/653/EEC) and is therefore largely harmonised and enshrined in law. The Directive provides for mandatory implementation by national law of some provisions in the respective national law, i.e. principal and commercial agent cannot deviate from this. Contractual agreements ... Read More »

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

What applies if a EU trademark having a reputation did not acquire a reputation with the local public in a state?

A European trademark having a reputation in the EU will not always be recognised in all EU member states. Indeed, the trademark may not have a reputation at all in some member states. According to the EU Trademarks Directive (article 4 paragraph 3), an EU trademark having a  reputation enjoys ... Read More »

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Facts Two commercial internet traders were parties to a dispute upon which a decision was taken in October 2015 by OLG Hamm. The defendant company operates in such market sectors as commercial electrical and electronic equipment, coffee machines, refrigerators, and washing machines. It utilises general terms and conditions that include ... Read More »

The ‘entire agreement clause’ vs. the Haviltex standard

The ‘entire agreement clause’ vs. the Haviltex standard

Commercial contracts often contain an ‘entire agreement clause’. An entire agreement clause stipulates that the written agreement contains all the arrangements between the parties and usually reads along the lines of: “This agreement constitutes the entire agreement between the parties”. This article discusses the effect of an entire agreement clause ... Read More »

Preliminary relief proceedings

Preliminary relief proceedings

Civil proceedings (also called ‘proceedings on the merits’ or ‘substantive proceedings’) may take months, sometimes even years, before judgment is given. Some matters, however, require short-term measures. For example, if a work strike is announced and the company wants to ban this strike, if a ban on publication of certain ... Read More »

KitKat bar denied trademark

KitKat bar denied trademark

KitKat applied to register the shape of its product as a mark but was refused on account of the ‘nature of the product’ and a ‘technical result’. According to the officer who processed the mark registration application, the three distinctive features are: firstly, the rectangular slab shape, secondly, the presence, ... Read More »

UEFA’s financial fair play rules: prohibited restriction of competition?

UEFA’s financial fair play rules: prohibited restriction of competition?

UEFA’s Financial Fair Play rules (FFP rules) require football clubs that have qualified for European football to, briefly put, not spend more money than they bring in, over a reference period of three years, (the break-even requirement). This is UEFA’s attempt to clamp down on debt-laden clubs – whether or ... Read More »

The Commission takes action against geoblocking

The Commission takes action against geoblocking

One of the essential characteristics of the European Union is the internal market, where the free movement of persons, goods and services is a priority. Among other things, the European Commission supervises the internal market and takes action against infringements of the aforementioned freedoms. In my earlier article European Commission: ... Read More »

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