Judith Bussé

Blogs: Data Law Insights, Retail & Consumer Products Law Observer, Trade Secrets Trends

Latest Articles

European Copyright: Memes, GIFs, and Other Images on the Internet

December 18, 2019

Memes, animated GIFs, and other images online are a crucial part of today’s Internet experience and have undoubtedly prompted many Internet users to laugh out loud in front of their screens. In the fashion industry, such images and animated pictures are frequently used to create an experience for the consumer and to evoke an emotion in connection with a certain product or brand. These images or texts are also frequently shared, saved, or posted through…

Retail & Consumer Products Law Observer

Eco-Friendly or Falsely Advertised? Sustainable Fashion Advertising in Europe: Do’s and Don’ts

By Judith Bussé & Laura Van Kruijsdijk

December 4, 2019

Sustainable fashion is in vogue and retail chains are all too eager to respond to consumers who want to shop more environmentally consciously. ‘Sustainable’, ‘ecological’, and ‘environmentally ethical’ are words that we see appearing more and more often in fashion advertising. But are these clothes and materials really environmentally friendly? Or is this just a convenient marketing tool (so-called greenwashing)? In this piece we will take a closer look at this and give some practical…

Retail & Consumer Products Law Observer

EU’s Top Court Confirms Copyright for Design, but Looking Good Will Not Do the Trick

By Judith Bussé & Ellen Desnyder

September 26, 2019

On September 12, the Court of Justice of the European Union (CJEU) handed down yet another ruling on the interpretation of EU copyright law. With its Cofemel-decision (C-683/17), the CJEU harmonized the requirements for utilitarian objects, which might also be protected by a (registered or unregistered) design right, to benefit from copyright protection. Provided that the conditions explained hereunder are met, the Cofemel-decision confirms that lighting equipment, clothing items, furniture, motor vehicles, etc. enjoy copyright…

Retail & Consumer Products Law Observer

The Unregistered Community Design to Conquer the European Fashion Industry

By Judith Bussé & Frances Caudron

September 13, 2019

Protecting creative endeavors and designs is a core activity of just about all fashion companies. Fashion items (clothing, accessories, handbags, shoes, etc.) can indeed be protected by copyright and design rights within the European Union. Lesser known is the ‘unregistered community design’ (or: ‘UCD’) established by the European legislator in 2002 for the protection of products with a short lifespan. As the fashion industry is driven by rapid innovation, based on seasonal collections with new…

Trade Secrets Trends

The Expansion of Confidentiality Protections in Trade Secret and IP Cases in the Netherlands and Belgium

By Judith Bussé, John Laird & Julia Milewski

August 19, 2019

In our next post on the EU Trade Secrets Directive 2016/943, we turn to the Netherlands. In the Netherlands, the EU Trade Secrets Directive was implemented in 2018 by the Act on the Protection of Trade Secrets (Wet bescherming bedrijfsgeheimen) and led to amendments to Dutch procedural law including those related to confidentiality clubs. For example, access to alleged trade secrets introduced in proceedings is granted to at least one person of the opposing party and…

Trade Secrets Trends

Luxembourg Implements the Trade Secrets Directive

By Judith Bussé & Julia Milewski

July 23, 2019

On June 28, 2019, the Luxembourgish Mémorial published the Law of June 26, 2019 on the protection of undisclosed know-how and business information better known as trade secrets implementing the EU Trade Secrets Directive 2016/943 after a one year delay. The recent Luxembourgish Law is a literal transposition of the EU Directive and provides a legal definition of “trade secrets,” which was up until now only defined by the courts. The EU Directive defined “trade…

Data Law Insights

Privacy & Cybersecurity Weekly News Update – Week of October 22

By Charles Austin, Judith Bussé & Frederik Van Remoortel

October 31, 2016

FCC adopts privacy rules; Privacy Shield challenge; Amendments to EU data transfer decisions; FTC data breach guidance; DOT vehicle cybersecurity best practices; HHS guidance on HIPAA and FTC compliance FCC approves privacy rules for broadband providers In a 3-2 vote, the Federal Communications Commission approved new rules governing internet service providers’ collection and use of consumer data. The largest impact may be the requirement that providers obtain affirmative consent before collecting and sharing data…

Data Law Insights

Privacy & Cybersecurity Weekly News Update – Week of October 15

By Charles Austin, Frederik Van Remoortel & Judith Bussé

October 24, 2016

Hospital pays $2.1MM HIPAA settlement; Dynamic IP addresses protected under EU laws; EU guidance on GDPR coming soon; California’s new privacy compliance tool; banking regulators consider cybersecurity; FCC privacy proposal comments; OMB’s new privacy office; DFARS finalizes Safeguarding Rule Hospital pays $2.1M to settle alleged HIPAA violations St. Joseph Health, a California-based health system, reached an agreement this week to pay $2.1 million to settle alleged HIPAA violations based on the public exposure of patients’…

Judith Bussé

European Copyright: Memes, GIFs, and Other Images on the Internet

Eco-Friendly or Falsely Advertised? Sustainable Fashion Advertising in Europe: Do’s and Don’ts

EU’s Top Court Confirms Copyright for Design, but Looking Good Will Not Do the Trick

The Unregistered Community Design to Conquer the European Fashion Industry

The Expansion of Confidentiality Protections in Trade Secret and IP Cases in the Netherlands and Belgium

Luxembourg Implements the Trade Secrets Directive

Privacy & Cybersecurity Weekly News Update – Week of October 22

Privacy & Cybersecurity Weekly News Update – Week of October 15

Stay Connected

Company

Support

New to the Network