Large-Scale Online Copyright Infringement | New Judicial Procedure
On 6 May 2024, the Royal Decree of 18 April 2024 concerning the establishment of the service for the fight against copyright and related rights infringements on the Internet and the illegal operation of online gambling games was published in the Belgian Official Gazette. This Royal Decree provides for the entry into force of a […]
Prop trading | Just playing with data or actual investment services?
Over the past decade, online trading has become increasingly accessible for regular consumers. The European market is now full of platforms offering a wide array of products and investment options. While these platforms initially positioned themselves as gateways between clients (consumers) and the traditional financial markets, new technologies have paved the road for different (innovative) […]
Compton Cases | Geographical Names as Fashion Trademarks
In two judgements of 28 February 2024 in related cases T-746/22 and T-747/22, the General Court of the EU (GCEU) upheld the validity of two EU trademark registrations containing the geographical name ‘Compton’, which it considers distinctive and not descriptive for fashion items like clothing and bags. These judgments provide a good opportunity to refresh […]
INSURANCE LAW | New Rules on Time Limits and Penalties
On 14 March 2024, the Belgian Federal Parliament adopted a draft law setting up new rules on time limits and penalties for the payment of insurance covers and benefits (the “Law”). The Law will enter into force on the first day of the 6th month following its publication in the Official Gazette – which should […]
GDPR and Administrative Fines | Important clarifications from the CJEU
On 5 December 2023, the Court of Justice of the European Union handed down two important judgments1 which clarify the conditions for imposing an administrative fine on a data-controller for a breach of the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection […]
Video Games Series | The Use of Personal Data in the Industry
The video game industry’s increasing reliance on personal data presents a complex legal landscape that game developers must carefully navigate. As the gaming landscape evolves, the role of personal data becomes more pronounced. This article delves into two key aspects: the utilisation of personal data in game analytics and the recurrent theme of data breaches […]
GDPR and Right to Compensation | Important clarifications from the CJEU
In December 2023 and January 2024, the Court of Justice of the European Union handed down several judgments1 that provide important clarifications regarding the right to compensation for non-material damage suffered as a result of a breach of the GDPR, enshrined in Article 82 of the General Data Protection Regulation (Regulation 2016/679 of the European […]
Video Games Series | Legal Implications Surrounding AI Use
In this second episode, we will focus on two significant uses of artificial intelligence (AI) in video games: driving non-player characters (NPCs) and adapting game worlds. We will examine the legal issues associated with these uses, including copyright infringement, ownership of AI-generated content, image rights, and patentability of AI inventions. We will also briefly touch […]
CJEU allows strict liability when enforcing provisional measures for IP infringement
In a judgment of 11 January 2024 in Mylan v Gilead (C-473/22), the Court of Justice of the European Union (CJEU) has accepted that a party enforcing a provisional measure can be held liable to compensate the defendant for any damages and costs caused by the enforcement, when the intellectual property right on the basis […]
Video Games Series | Skin Betting
The practice of gambling is an age-old phenomenon, with there being no shortage of various rules and stakes that are thrown into the balance. One of the latest examples is using items in video games known as ‘skins’ to bet on the outcome of gaming competitions. Despite originating from within the video games sphere, the […]
Update van de Kaaimantaks !
In zijn recente artikel1 gepubliceerd in Fiscale Actualiteit, verkent Jacques Malherbe de versie 2.1 van de Kaaimantaks, na een belangrijke wetswijziging die op 1 januari 2024 van kracht werd. Lees het artikel hier 1. Uitreksel uit Fiscale Actualiteit (Wolters Kluwer), 2023, nr. 41, p. 8 Hebt u vragen ? Neem gerust contact op met Jacques […]
INSOLVENCY Series | Episode 5: Cross-border Insolvency and International Aspects
In today’s globalised economy, businesses commonly operate in multiple States and engage with international creditors. Consequently, financial difficulties faced by a business often transcend national borders. Hence, insolvency proceedings opened in a State will frequently have cross-border implications. Several questions arise when a debtor’s insolvency has or may have cross-border implications, namely: Jurisdiction: which courts […]