Benedicte De Vuyst

💡 Article published in BMM Bulletin 📗 Stéphanie de Potter and I contributed to the latest Bulletin of the BMM - Benelux Association of Trademark and Design Law on the interplay between copyright and design rights. We have provided an overview of the principle of cumulation with a particular focus on the Benelux rules in case of transfer of rights. The full article is available in the latest issue of the BMM Bulletin. 👇 #intellectualproperty #designrights #copyright

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En hierbij dan de rules of conduct van Eurovision 24: “Not to carry into or wear on the premises where access requires an Accreditation Card, any political, religious, racist, promotional or advertising material, sign, objects or messages; Not to behave or work in a manner which could infringe other persons' rights or limit or hinder anyone else's working capabilities. Physical and/or verbal and/or sexual abuse or aggression is strictly prohibited; “ ⚖️ Christiaan Alberdingk Thijm Menno Weij “Verbal agression is strictly prohibited “ Maar hoe erg was de “verbal agression” van Joost Klein als Avrotros de maatregel als “disproportioneel” benoemd? Het maakt allemaal weinig meer uit, de laatste regel van de Rule of conduct zegt: “All decisions taken by the EBU, the Host Broadcaster and/or the Participating Broadcasters shall be final and binding and You agree that no remedy shall be possible” Geen beroep dus mogelijk voor Joost Klein op de beslissing tot diskwalificatie.

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🔔 Dutch Supreme Court – Case of publication of Anne Frank’s diary The Dutch Supreme Court has referred the case concerning the copyright of the online publication of Anne Frank’s diary to the European Court of Justice. The Anne Frank Foundation is demanding that the publication of Anne Frank’s diary manuscripts on a website be stopped or that the website be blocked for the Dutch public, including via VPN or proxy. 📍 The main question is whether this publication on the website meets the requirements for presentation to the Dutch public under copyright law. The conclusion of the case advocates (given the uncertainty and cross-border importance of the case) asking the ECJ preliminary questions regarding this. Among other, the Dutch Supreme Court asks the ECJ to clarify: • whether a work, which is published online, can be considered as a presentation to the public in a particular country, if the publisher intended to reach the public there, • if a website prevents access from certain countries, but users can bypass the block via VPN, does this constitute public disclosure in those countries and, if so, who is held responsible for the public disclosure: the website owner, the VPN provider, or both? The above questions are crucial for both creators and distributors of online content, as well as copyright holders. #Annefrank #copyright #diary The case ⬇ https://lnkd.in/d3dAZUYA ⬇ Portrait of Anne Frank at 11 years of age, Amsterdam, the Netherlands, 1940. United States Holocaust Memorial Museum Photo Archives. Copyright of United States Holocaust Memorial Museum.

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New approach to test of reasonableness and fairness in primary coverage provisions This week I published my article on Lexology about the decision of the Supreme Court of the Netherlands of 16 February 2024 (https://lnkd.in/ees8Jmmd). It concerns a judgment in the treatment of insurance provisions and whether they must pass the test of reasonableness and fairness. In its decision the Supreme Court put an end to the historic approach where primary coverage provisions do not have to meet the restrictive standard.  The Supreme Court instigated a development in the law, putting forward angles which could be used as a perspective in the judgment of whether a clause constitutes a provision invoking the restrictive standard of reasonableness and fairness. By the doing so, the decision clears the way for legal development in the  area of insurance law. It marks the second time in less than five years that the Supreme Court has instigated a development of law in the area of insurance. This offers room for discussion and creates opportunities for both insurers and insured parties. Please read the full article here: https://lnkd.in/euWCfd-5 Also available at akd.eu: https://lnkd.in/eVtKF3Kx

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𝐍𝐞𝐰𝐬𝐟𝐥𝐚𝐬𝐡 𝐮𝐩𝐝𝐚𝐭𝐞 - 𝐍𝐞𝐰 𝐥𝐞𝐠𝐢𝐬𝐥𝐚𝐭𝐢𝐨𝐧 𝐨𝐧 𝐞𝐱𝐭𝐫𝐚-𝐜𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐮𝐚𝐥 𝐥𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝑫𝒊𝒓𝒆𝒄𝒕𝒐𝒓𝒔 𝒂𝒏𝒅 𝒆𝒎𝒑𝒍𝒐𝒚𝒆𝒆𝒔 𝒄𝒂𝒏 𝒃𝒆 𝒉𝒆𝒍𝒅 𝒍𝒊𝒂𝒃𝒍𝒆 𝒎𝒐𝒓𝒆 𝒒𝒖𝒊𝒄𝒌𝒍𝒚 𝒃𝒚 𝒕𝒉𝒊𝒓𝒅 𝒑𝒂𝒓𝒕𝒊𝒆𝒔 𝒇𝒐𝒓 𝒕𝒉𝒆𝒊𝒓 𝒑𝒆𝒓𝒔𝒐𝒏𝒂𝒍 𝒎𝒊𝒔𝒕𝒂𝒌𝒆𝒔 📃 On 1 July 2024, the law introducing Book 6 of the New Civil Code was published in the Belgian Official Gazette. This book contains the new rules on extra-contractual liability (formerly Articles 1382 et seq. of the Civil Code). 💥 It expands the liability of auxiliary persons (e.g., (sub)contractors, directors of companies and employees) towards third parties as a starting point. The legislator leaves it up to the parties to make contractually deviating agreements. The new rules will enter into force on 1 January 2025 and will also apply to existing contracts. 🆕 Find out more concerning this topic in our updated newsflash in the Comments section below. 👇 #claeysnengels #liability #civilcode #book6

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In response to a judgment by the Constitutional Court, the media privilege under Section 9 of the Data Protection Act had to be revised. In my latest ecolex article (in German), I discuss whether this revision has been successful and whether the legislator has fulfilled the court's instructions: #medienprivileg #datenschutz #journalismus #DSG

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🌟 Simont Braun first Legal Insights is out! 💡 With Zoé Ledent we present the creation of the Chambers for Amicable Settlement within the civil courts : another alternative dispute resolution method led by the judge itself! Conciliation within the Chambers of Amicable Settlement offers a rapid and confidential alternative to litigation that is definitely worth considering. Of course, the Legal Insights contains many other interesting articles written by my colleagues! Take a look and don't miss the next edition! #LegalUpdates #Simontbraun #StayInformed

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Check out the latest #PrivacyEspresso by PrivacyRules, where Alessandro Di Mattia and I talk about the impact of #ArtificialIntelligence on #FundamentalRights. It's a great conversation on AI, privacy, and what it all means for our basic rights. Watch now!

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Ready for online court hearings in Belgium? ⚖️💻 After the recent release of the new (and very needed) update of the website for the Belgian Gazette 📜, another important milestone in the digital transformation journey of the justice system was made. The new JustCourt application will allow to virtually attend hearings in criminal courts. A great solution on which PwC Legal Belgium contributed ✨ This... ✅ Makes justice more accessible for the most vulnerable groups ✅ Saves time for lawyers needing to travel the country (only to request a postponement 😅) ✅ Increases efficiency of hearings and reduces the long waiting times 👉 Find out more in the press release here: https://lnkd.in/ekcszAtk (Also, to see the new Belgian Gazette: https://lnkd.in/eWC-G6_M) #justice #digitaltransformation #courts

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Fighting online large-scale copyright infringement becomes easier in Belgium: Following the adoption of a Royal Decree on 18 April 2024, Article XVII.34 of the Code of Economic Law (introduced by L. 19 June 2022 implementing the DSM Directive) will enter into force in Belgium on the 1st of June 2024.   This article clearly goes in the direction of greater protection for rights-holders in the context of online copyright infringement by:    - providing for summary proceedings targeting both the primary infringer or intermediaries, that can be introduced ex parte with the extreme urgency being legally presumed; - explicitly providing for dynamic siteblocking by allowing the court to extend the provisional measures to "to all or part of a website replicating the website identified in the order and which is the subject of the provisional measures, or to any address giving direct access to it"; - providing for the creation of a new government body supporting the court in relation to the effective implementation of the measures; and - promoting self-regulation/agreements between parties involved.   A very positive step for siteblocking in Belgium !

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New E-Zine Series by #Lydian on The New Belgian Act on Private Investigations The Belgian Act for the regulation of private investigations is on the brink of being published in the Belgian Official Gazette. This is a significant development with impact on all private and public companies. The Lydian private investigations team is launching an e-zine series this week which will provide insights on key topics, including: 📌 Defining private investigations and understanding the scope of the new Act. 📌 How the Act affects the process and composition of investigative teams. 📌 The vital role of GDPR compliance in private investigative activities. 📌 The probative value of investigation reports in legal proceedings. 📌 Next steps: Practical tips to prepare for compliance with the new regulations. Feel free to reach out for any questions: Sarah Witvrouw Stijn Lamberigts Yves Lenders Isabel Plets Jan Hofkens 👉 Follow our page for the latest updates in our e-zine series! #Lydian #PrivateInvestigations #GDPR

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The rise of dashcams in Europe raises significant data protection concerns under the EU's strict laws. Crowell’s Maarten Stassen delves into the legal landscape of compliance in Belgium. Read more in OneTrust @DataGuidance:

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Trial by AI or AI representation sounds too futuristic? Guess again! In my latest contribution for the IPKat I report on a decision where a defendant in legal proceedings asked ChatGPT to prepare the defense on its behalf. Does it end well? Read it in the article below 🤖 #AI #IPKat

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The newest 'My view' is out! In this article series our colleagues share their thoughts about legal terms or concepts that they find useful, necessary, challenging, fun or annoying. This time Lisa Hybbinette shares her thoughts on 'exclusivity'. Read the full article here: https://lnkd.in/gfhr_Zef #Roschier #MyView

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Lexology In-Depth: International Trade Law, edition 10 edited by Folkert Graafsma and Joris Cornelis of VVGB Advocaten / Avocats, is now available on Lexology: https://lnkd.in/e-TjNRyh In-Depth: International Trade Law provides an incisive overview of the current state of global trade law and practice. With a focus on recent developments, it analyses the key features of the national and international legal frameworks governing trade, including trade remedies; investigation and review procedures; applicable treaties; trade disputes; and an outlook for future developments.

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// Digital Legal Talks: Call for Papers // The Digital Legal Lab is excited to announce the fifth edition of its annual conference, Digital Legal Talks, taking place on November 28-29, 2024, in Utrecht. This fully in-person event will feature accepted submissions on November 28, followed by plenary sessions with invited speakers on November 29. Conference Theme: This year's theme is dedicated to law and digital technologies. Researchers are invited to address various aspects corresponding to the main research areas of the Digital Legal Lab: - Responsible data sharing and regulation of AI - Digitalization of justice systems and dispute resolution - Technology for law and legal practice - Digital platforms as infrastructures and enforcers of public interests - Enforcement and the use of technology (including DSA, DMA, AI Act, Data Act) - Data protection and cybersecurity - Other relevant topics in the field of law and technology Submission Guidelines: We welcome both junior and senior researchers to submit published or unpublished papers, or panel proposals, to present and discuss at the conference. Submit an extended abstract of up to 1500 words via Oxford Abstracts, indicating your research line and presentation format (paper, PLSC-style discussion, or panel). https://lnkd.in/df5rnjEQ Key Dates: - Submission Deadline: September 15 - Notification of Acceptance: October 4 - Full Paper Submission (for PLSC-style discussion): November 4 Accepted submissions will be included in the program for November 28, with plenary sessions featuring invited speakers on November 29. While the submission of full papers is not mandatory, participants who wish to engage in PLSC-style paper discussions are encouraged to submit their full papers by November 4. Don't miss this opportunity to share and discuss your research on law and digital technologies! Find out more on our website!

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💡Last week, the Rotterdam District Court decided to refer preliminary questions to the CJEU regarding the relationship between the WAMCA (Dutch Act on Collective Settlement of Mass Claims) and the GDPR, including Article 80(2) GDPR and filing a collective claim without mandate. https://lnkd.in/eGKMThYG We highlighted this issue last year in our article below. We concluded that the legislative history of the GDPR shows that a reference in Article 80(2) to Article 82 GDPR was deliberately omitted to prevent a claims culture. Please let us know if you would like to receive a translation of the article or have additional questions. #WAMCA #AVG #PRIVACY Maandblad voor Vermogensrecht NautaDutilh Siebe Been

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🗝️ Unlocking Europe's cultural heritage! 🇳🇱 The Netherlands is the only country in the EU thus far that has reached sector wide agreements for the making available of #outofcommerce works by heritage institutions. An Extended Collective Licensing possibility from the #DSM directive. Using the #ECL, #heritage institutions can make works available where #copyright holders are difficult to determine or find. 📃 Our three(!) agreements thus far deal with audiovisual works, musical works and periodicals. They account for over 20% of all registered works in the EUIPO - European Union Intellectual Property Office register for #OOC works. 🇪🇺 Read the Europeana state of play blog post about our licenses and initiatives in other jurisdictions https://lnkd.in/eTGTAm6e

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