Latest blog articles

Recently, the General Court in the HELL coffee case has confirmed that a descriptive foreign language term (German word HELL) can be granted protection under EU trade mark law (Hell Energy v. EUIPO, T-323/20).

When we talk about Trade Marks Trolls we don’t mean the ugly creature that might come to your mind. Instead, we speak about practices that constitute an abuse of trade mark law. So, how to defend yourself against such behaviour?

Can a single colour alone be a trademark? The question is neither new nor unexplored. However, old wine in a new bottle is presented by the General Court in its decision rejecting an attempt to register a shade of colour for inhalers for asthma and related pharmaceutical preparations, reinstating...

Using the trade mark of someone else to describe how your own products relate to the trademark products is allowed under certain circumstances. Recently, the law changed in this respect, leaving the application of some factors uncertain.

More than ten years after the European Court of Justice ruled that the German Eigenheimzulage was in breach of European law, the EC also started questioning its successor, the Baukindergeld. ITEM had previously concluded that the Baukindergeld was in breach of European law. We now await the...

In its judgment of 19 September 2019, the ECJ ruled that Dutch legislation excluding frontier workers residing in the Netherlands but working as a mini-jobber in Germany from the Dutch social security system is compatible with EU law. If the Hoge Raad follows the approach taken by the ECJ, the...

This blog is currently only available in Dutch.

Op 22 mei 2019 verscheen de ‘Atlas voor gemeenten 2019’. De 50 grootste gemeenten van Nederland worden jaarlijks met elkaar vergeleken. Dat kunnen verschillende beleidsterreinen zijn waar lokale, regionale en centrale overheden zich mee bezighouden...

With AI’s recent breakthrough in machine learning, now more than ever inventors are looking for ways to protect AI systems. But obtaining patent protection depends on the right claims.

A new copyright reform (Music Modernization Act) was passed in the US Senate in 2018, comprising reforms on the term of protection for works played through online digital music services such as Spotify, Apple Music and Pandora. However, can copyright keep on being repeatedly extended? Is this...

E-personhood is a term proposed in a draft report by the EU Parliament, about civil rules and laws on Robotics. This legal status aims at ensuring rights and responsibilities for the most capable AI agents. An intense debate about its usefulness is taking place in the EU.