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Financial Services after Brexit: no equivalence (yet), but a transitional regime for Belgium (Altius)

Authors: Audrey Zegers and Elias Nys (Altius)Publication date: 07/01/2021 After the Brexit, UK financial service providers no longer benefit from their previous passporting rights. The recent Trade and Cooperation Agreement between the EU and the UK does not provide for an equivalence decision for financial services. As a consequence, UK

2021-01-16T11:55:18+00:00 21 januari 2021|Categories: Financieel recht|Tags: , |

Champagne: in victory, one deserves it! (Altius)

Authors: Olivier Vrins and Manon Verbeeren (Altius)Publication date: 14/01/2021 On 21 December 2020, the Opposition Division of the EUIPO rejected the registration application for the ‘CHAMPAWS’ trade mark for pet beverages because it evoked the ‘CHAMPAGNE’ PDO. This decision expressly confirms that Article 103(2)(b) of Regulation No 1308/2013 also applies where the

2021-01-16T11:49:24+00:00 16 januari 2021|Categories: Intellectuele rechten|Tags: |

Precaution is not enough – CJEU finds that Cannabidiol (CBD) is not a narcotic drug (Altius)

Author: Philippe De Jong en Bregt Raus (Altius) Publication date: 30/11/2020 The legal status of CBD, a naturally occurring compound found in the cannabis plant, is murky. Certain Member States are more restrictive about it than others. The Court of Justice of the EU has very recently provided clarification in

2020-12-04T10:00:14+00:00 4 december 2020|Categories: Pharma & lifesciences|Tags: , , |

Invoking copyright to block the submission of evidence? Nice try, but no cigar! (Altius)

Author: Peter Blomme (Altius) Publication date: 18/11/2020 The Court of Justice of the European Union delivers judgments regarding the concept of “communication to the public” faster than legal scholars can read and dissect them. While we are eagerly awaiting the Court’s analysis of different types of hyperlinking, it has taken less

2020-11-21T10:16:50+00:00 21 november 2020|Categories: Intellectuele rechten|Tags: , |

Can A Parallel Importer Rebrand Generic Medicines? (Altius)

Authors: Kirian Claeye and Laura Traest (Altius) Publication date: 19/10/2020 If a branded medicine and its generic version are put on the EEA market by economically-linked undertakings, is a parallel importer then allowed to rebrand and repackage the imported generic version as the branded reference medicine? This has been a

2020-11-04T08:27:58+00:00 4 november 2020|Categories: Pharma & lifesciences|Tags: |

Covid-19 update: A new record keeping obligation and compliance check for employers and users relying on foreign workers or self-employed individuals in the construction, cleaning, meat, agriculture and horticulture sectors (Altius)

Author: Emma Van Caenegem (Altius) Publication date: 25/08/2020 As part of some new measures that aim to reduce the further spread of the Covid-19 virus, the Belgian government has recently imposed a new record keeping obligation upon certain employers and users who are temporarily relying on foreign employees or self-employed

2020-09-01T11:59:25+00:00 1 september 2020|Categories: Sociaal recht|Tags: , |

Understanding Payment Services (Altius)

Author: Altius Publication date: 30/07/2020 The provision of payment services is a licenced activity in the EU. Payment services providers are regulated by the European Directive (EU) 2015/2366, better known as PSD2. In Belgium PSD2 is transposed by the Belgian Act of 11 March 2018 on the legal status and

2020-08-01T09:27:56+00:00 1 augustus 2020|Categories: Financieel recht|Tags: , |

New unfair trading practices in the food supply chain (Altius)

Authors: Mathieu Maniet and Carmen Verdonck (Altius) Publication date: 06/07/2020 Within the agricultural and food supply chain, significant imbalances in bargaining power between suppliers and buyers of agri-food products are frequent. Those imbalances in bargaining power are likely to lead to unfair trading practices. The Directive 2019/633 (the “Directive”) aims

2020-07-09T08:52:09+00:00 10 juli 2020|Categories: Handelsrecht|Tags: |

Five quick lessons from the Belgian Council of State’s first coronavirus judgment (Altius)

Author: William Timmermans (Altius) Publication date: 28/04/2020 This judgment concerns one of the first measures on easing the Belgian lockdown rules. Since Saturday 18 April 2020, a ministerial decree has allowed two additional categories of shops to reopen: garden centres and DIY stores. Two plaintiffs, Andreas Stihl (a company selling

2020-04-29T15:21:34+00:00 30 april 2020|Categories: Gerechtelijk recht|Tags: , |