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Top System SA/Belgian State (C-13/20)

In a milestone decision of 6 October 2021, the Court of Justice of the European Union (“CJEU”) interprets the exceptions in copyright protection for computer programs enshrined in articles 5 and 6 of Directive 91/2501. This decision essentially clarifies the role of decompilation in the context of error correction, providing guidance on the fundamental conditions for relying on article 5 of Directive 91/250. 1 Perceptive readers will immediately notice that Directive 91/250 corresponds to the old software directive. However, the provisions on which the CJEU rendered its judgement remain unchanged under the new(er) Directive 2009/24/EC. ... [Read more]
Published by Pedro Demolder & Moana Colaneri, 13-10-2021
category: IP & ICT

Shots at the bar lead to questions about shots at the office

Now that life seems to be getting back to “normal” (the bars open, and the curfews have been lifted) employers are starting to look for ways to recommence life at the office as well. Employers are hoping that the restrictive work-from-home measures that are currently in place will soon be lifted, or at least be put in a less stringent manner. ... [Read more]
Published by Pedro Demolder, 17-05-2021
category: GDPR

The case of Banksy’s Flower Thrower

The European Union Intellectual Property Office (EUIPO)’s cancellation division has invalidated the EU figurative trademark nr. 012575155 held by graffiti artist Banksy on his flower thrower artwork due to the trademark having been filed in bad faith. ... [Read more]
Published by Moana Colaneri & Livia Dubois, 31-03-2021
category: IP & ICT

Tax shelter startup and fiscal exemption for loans to starting enterprises via crowdlending

To encourage investments in SME’s and startups, the programme act of 10 August 2015 introduced a tax break for investments made in starting enterprises, better known as the "startup tax shelter" ... [Read more]
Published by Thomas Daenen & Clément Pirenne, 4-02-2021
category: Corporate