16 April 2026
Operational and financial lease: what are the differences in the context of business financing?
The distinction between operational lease and financial lease is important in the context of business financing.
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Creative expressions are protected by copyright.
In addition to traditional art forms such as music and paintings, modern manifestations such as software or graphic content of a website are also protected.
Copyright is constituted by operation of law. You do not need to deposit or register anything. A prerequisite for protection is – briefly put – that you generated a creative expression. An idea is not protected by copyright if that idea has not been physically shaped. Therefore a “work” within the meaning of the copyright law must exist.
Works eligible for copyright protection are of course the traditional forms of expression such as paintings, drawings and music, but also software is eligible for copyright protection, although the scope is relatively small.
In the exploitation of your work it is recommended to make watertight agreements with your contracting party. The scope of the permitted use and the financial compensation you may receive will have to be laid down in an agreement. Even if you create a copyrighted work on behalf of someone else, it is important to agree in advance who will own the copyright.
If you discover that a third party uses your creation without your permission, you can take action. GMW lawyers can (among other things) draft a summons letter, conduct negotiations and, if necessary, initiate proceedings on your behalf.
GMW lawyers will be happy to help you with all your intellectual property issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our experts will be glad to support and advise you.
GMW lawyers will be happy to help you with all your intellectual property law issues. Do you have a question? Feel free to contact us.
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16 April 2026
Operational and financial lease: what are the differences in the context of business financing?
The distinction between operational lease and financial lease is important in the context of business financing.
Read more
26 March 2026
The conditions for a bank guarantee to lift a seizure
Provisinal (or prejudgment) seizure of a bank account is a powerful tool for creditors to safeguard their recourse position, before a court has ruled definitively on a claim. For the party whose assets are attached, however, such attachment can be highly disruptive.
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23 February 2026
Directors’ liability: often claimed, difficult to prove
Directors’ liability sounds threatening. In practice, however, a claim brought by a bankruptcy trustee is difficult to win. The threshold for directors’ liability is high. It therefore pays to take a critical look at such liability claims and to provide a solid defence.
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27 November 2025
Interpretation of contracts: the Haviltex-ruling
Most business disputes arise from differing interpretations of agreements. That is not surprising. As Paul Scholten already said in 1909: “Words are never clear on their own.”
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2 October 2025
Purchase agreement for electric cars and non-conformity
In a ruling of the Supreme Court on 28 June 2024 concerning non-conformity in the purchase of an electric car, an important decision was made regarding the vehicle’s driving range.
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8 September 2025
General Banking Terms: impact on your business
When you enter into an agreement with a bank for a loan or a credit facility (hereinafter referred to as a “financing agreement”), you will often see that the General Banking Terms (Algemene Bank Voorwaarden or ABV) apply to that agreement.
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3 September 2025
What to do as a creditor in a bankruptcy?
What you can do as a creditor in the event of a bankruptcy: from your rights and options to the role of the trustee and supervisory judge, and the ways in which a bankruptcy can be concluded.
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15 July 2025
Termination of financing by the bank: once again it comes down to reasonableness and fairness
The District Court of Limburg recently issued a judgment on the immediate termination of a credit agreement.
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2 June 2025
Can you start legal proceedings for €0,01?
On 26 November 2024, the Rotterdam District Court ruled on a case involving an amount of €0,01. Despite the minimal value, the court decided that there was insufficient interest to proceed. This judgment highlights the principle that a claimant must have sufficient interest to initiate legal proceedings.
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