How Can Perfumes Be Legally Protected
In this article, we will discuss the different forms of intellectual property rights that can protect perfumes in the EU. Perfumes are unique products - a liquid end-product with a unique smell, the fragrance. It is important to understand the nature of perfumes and the...
5 Important Provisions in a Virtual Assistant Agreement
Virtual Assistant Agreement is a modern type of a contract, used between a virtual assistant and their client(s). Like every type of contract, it has it own tricks. Virtual Assistant Contract borrows many elements from independent contractor or consultant agreements, but also has unique provisions...
Advantages and Risks of a Cease and Desist Letter
A cease and desist letter we mean in this context is a legal document used in situations where you think someone is infringing your intellectual property. It literally demands (or requests) the other party, the alleged infringer, to "cease", i.e. immediately stop, and "desist", no...
Using Trademarks in the Course of Trade – What Does It Mean?
The use of a trademark as a symbol of goods or services is commonly referred to as “trademark use of a mark”. Some researchers perceive the condition of commercial use as part of this wider whole of trademark use, while others distinguish these from each...
What is Non-Solicitation?
Non-solication has a number of meanings as a legal term. The meaning depends more on the context. In the context of business transactions, it is a provision in a contract that prohibits one party from soliciting the employees or customers of another party during a...
CJEU Ruling: Hiring out cars with radio receivers is not communication to the public
The Court of Justice of the European Union (the CJEU) has ruled in its recent judgment that the hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public. In practice, this means that car rental companies are not required...
Software, Mobile Applications and Computer Games: Digital Copyright Assets
In this post, we share the key subjects of digital copyright in the context of software, mobile applications and computer games. Basically, digital copyright protects certain digital works against copying. Usually the general requirements for protectability are same as of analogical works, i.e. the work...
How Can You Process Data During the COVID-19 Pandemic?
On 19 March 2020, the European Data Protection Board (“EDPB”) released a statement on the processing of personal data in the context of the COVID-19 outbreak. The main message of the statement is that EU data protection law (in particular, the EU General Data Protection Regulation...
Functions of a Trademark
The scope of trademark right can be viewed in the light of the various functions of the mark. These are primarily constructs used in law and the functions of a trademark can be seen as a helpful tool in legal analysis. Functions can also be...
Coronavirus, Force Majeure Clauses and Other Contractual Issues
The coronavirus disease 2019 (“COVID-19”) has shaken up industries all over the world. Restrictions on travel and gatherings have either been imposed or are at least being considered as next steps by pretty much all governments. The most common question a lawyer today gets is...
Non-Circumvention Clause – a Restrictive Covenant Used in the Context of Confidentiality Agreements
Non-circumvention clause is used typically in confidentiality agreements, also known as nondisclosure agreements and NDA's. Confidentiality agreements are usually used to disclose confidential information, such as different forms of trade secrets. You can read more about confidentiality agreements from this article: What Every Entrepreneur Needs...
7 Common Mistakes That Make Your Instagram Contest and Giveaway Illegal or Non-Compliant
Throwing contests and giveaways or sweepstakes is a popular marketing technique. Your audience becomes more engaged and aware of your brand. However, there are many issues that need to be taken into account when throwing a social media contest. We know how challenging and overwhelming...
What Every Entrepreneur Needs to Know About Confidentiality Agreements
What Is a Confidentiality Agreement? A confidentiality agreement is a legally binding contract between two or more parties in which at least one of the parties agrees not to disclose certain sensitive information. The name of this kind of an agreement may depend on the...
European Union Level Trade Mark Legislation
The first Council Directive 89/104 / EEC on the approximation of the laws of the Member States relating to trade marks was adopted in December 1988. A new version of the Trade Marks Directive has since been adopted on 22 October 2008, Directive 2008/95/ EC...
5 Crucial Clauses in an Influencer Agreement
Every type of agreement has its own tricks and traps. The contract made between the advertiser/brand and influencer is a unique agreement. There are several issues you should pay attention to when you are signing one. One of the most obvious and top-priority provisions include...
Entire Agreement Clause
Many forms of agreements, particularly commercial contracts, tend to contain a variety of so-called “boilerplate” clauses. They are routinely used clauses with quite standard wording. One type of boilerplate clause that is often included in contracts is the “entire agreement” clause. It is actually a very...
The Obligation to Inform about the European Online Dispute Resolution Platform as an Online Trader
The European Online Dispute Resolution (ODR) platform is provided by the European Commission to make online shopping safer and fairer for both consumers and traders. It is regulated by Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes that came into force...
Burden of proof of establishing a lack of conformity
The main obligation of the seller is to deliver goods which are in conformity with the contract. This means quality standard, and it is also applicable to services. You can read more about conformity here. Generally, the burden of proof about a lack of conformity falls...