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  07/01/2025

  United Kingdom

  Fruitless effort? Chiquita loses a-peel before the General Court

  Obtaining trade mark protection for purely figurative marks can be a complex business. Such marks frequently encounter absolute grounds challenges on the basis of distinctive character and, while such challenges can be overcome, particularly through the proof of acquired distinctiveness, this can be difficult.This was recently demonstrated in a General Court decision, where Chitquita Brands LLC (“Chiquita”) ‘slipped on the banana peel’ that is the evidentiary burden of proving acquired distinctiveness. BackgroundChiquita was the registered proprietor of the below figurative...

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  20/12/2024

  Europe

  EDPB Opinion 28/2024: key takeaways on processing personal data in the context of AI models

  On 17 December 2024, the European Data Protection Board (EDPB) issued Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models, which offered timely guidance on AI issues, addressing questions on the anonymity of AI models, how controllers can demonstrate legitimate interest as a legal basis and how unlawful processing of personal data in the development phase affects the lawfulness operation of the AI model. Introducing new concepts The EDPB provides its own interpretation of certain stages in the AI models’ life cycle, such...

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  19/12/2024

  Ungarn

  Hungary to introduce retail tax for online platform operators on 1 January 2025

  Following the increase in the tax rates of the retail tax within the framework of the extra-profit taxes in 2022, Hungary is now extending the scope of taxable persons obliged to pay retail tax.As of 1 January 2025, retail tax will not be payable by retailers doing business via online platforms. Instead, these taxes will be paid by the operators of the platform connected to the salesperson and the user. The legislation defines platforms by the EU’s DAC7 definition. Retailers using the platforms are required to provide data on their platform sales to the tax authority.Both foreign and...

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  19/12/2024

  Ungarn

  Hungary to make major changes to legal costs in Hungary: what you need to know

  Starting in 2025, Hungary will implement comprehensive reforms to its legal cost structure, reshaping both court fees and lawyers’ fees in significant ways. These changes, set out in two separate pieces of legislation, will modernise the legal framework, ensure fairness, and better reflect the complexity of legal proceedings. The following article breakdowns the relevant changes and their implications for litigants and businesses.New Rules for lawyers’ FeesA recently promulgated ministerial decree that comes into effect on 8 February 2025 will replace the obsolete legislation currently...

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  18/12/2024

  EU

  European Commission consultation on the revision of its State aid aviation guidelines

  GB FR

  On 11 December 2024, the European Commission launched a public consultation on the targeted revision of the 2014 Guidelines on State aid to airports and airlines. The aim of the consultation is to gather comments from industry stakeholders on the application of the current Aviation Guidelines and the measures that should be adopted in the future. The consultation is open until 5 March 2025.The current Guidelines set out the European Commission's interpretation of aid in the context of airport financing (e.g. assumption of the deficit, investment subsidies, etc.) and the incentives granted...

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  13/12/2024

  Europe

  The new EU General Product Safety Regulation: What you need to know

  The EU General Product Safety Regulation (GPSR) came into effect on 13 December 2024. It replaces the existing General Product Safety Directive (GPSD), and establishes a modernised framework for consumer product safety across the EU. The GSPR introduces significant new responsibilities, making understanding its implications essential.What is changing? Key updates under GPSRUniform Application: Unlike the GPSD, which required transposition at the Member State level, and allowed for varied national implementation, the GPSR is directly applicable across all EU/EEA member states, ensuring uniformity...

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