Articles from Dr. Julian Bubeck

14. Nov 2023 Permissible content of environmental advertising claims: draft of the EU Green Claims Directive

The European Commission has published a draft directive on the EU-wide regulation of environmental advertising claims. In Germany, such "green claims" or "greenwashing" accusations are currently the subject of many court cases, although a uniform line of case law is still developing. The EU's draft directive goes far beyond the current requirements and could lead to a large number of current advertising claims and sustainability seals becoming unlawful.
3. Nov 2023 Accusation of "greenwashing": warning for advertising with certified climate neutrality

When companies are committed to environmental and climate protection, there is a regular desire to communicate this publicly. External service providers in particular are therefore increasingly offering "certification" of climate neutrality, which can then be used to advertise products or the company to business partners. However, three recent competition law judgments show: The devil lurks in the detail. Incorrect advertising design can not only lead to accusations of "greenwashing" that damage a company's reputation, but also to costly warnings and court proceedings with a difficult-to-predict outcome.

IP/IT Stuttgart
28. Feb 2023 EU expands Russia sanctions package with comprehensive export bans on dual-use goods Compliance

With what is now the tenth package of sanctions, the European Union is further tightening its measures against Russia as a result of the war in Ukraine. There are new trade restrictions, particularly for industrial goods not previously covered. Companies have reason and necessity to review their own compliance measures.

IP/IT Stuttgart
8. Nov 2022 The transparency register: background and objectives

The transparency register stems from the implementation of the 4th EU Money Laundering Directive. The objective of the Money Laundering Directive and its national implementation in the Money Laundering Act (GwG) will be further advanced by the Transparency Register and Financial Information Act (TraFinG), which came into force on 01.08.2021. The aim of this is to create more transparency in order to curb money laundering and terrorist financing. There are also plans to network the European transparency registers, which required the amendment explained below. In addition, there should be clarity with regard to legal entities and their beneficial owners.

IP/IT Stuttgart
8. Nov 2022 Challenges of the lobby register

The lobby register adopted in 2021 has been available at www.lobbyregister.bundestag.de since 01.01.2022. It provides overviews of the companies registered there and various statistics. The majority of lobbyists come from the private sector and most of those registered are legal entities (as at 03.08.2022). So it does exactly what it is supposed to do: To shape influence "with integrity". This means that it may only take place on the basis of openness, transparency, honesty and integrity, Section 5 (1) LobbyRG.

IP/IT Stuttgart
3. May 2022 Changes to sales law in business contracts became effective on 01.01.2022 Sales law

As of 01.01.2022, extensive legal changes came into force with the implementation of the EU Sales of Goods Directive and the Digital Content Directive. The legal changes relate in particular to sales and general terms and conditions law and have an impact on the respective contract design. In this respect, the amendment to the law has been described as the biggest reform of the law of obligations in two decades. The changes affect consumers and entrepreneurs alike. Many legal aspects remain unclear even after the amendments have come into force. The following non-exhaustive overview is intended to present the most important changes for contracts between companies.

IP/IT Stuttgart
25. Apr 2022 Draft of a new EU Machinery Regulation reaches important intermediate step

In March 2022, the European legislative process to revise the so-called "Machinery Directive" (Directive 2006/42/EC) reached another important intermediate step. The legislative process is now entering the decisive phase, in which final votes and negotiations will take place, leading directly to the adoption of a draft law by the European Parliament. For the machinery sector, this means changes in a regulatory area whose relevance should not be underestimated. We would like to use this final legislative phase to provide an overview of the current status of the draft EU Machinery Regulation.

IP/IT Stuttgart
31. Jul 2020 Trademark law: Distribution and trademark protection in international trade especially in China

No other country is more frequently associated with the term "brand piracy" (counterfeit products) than the People's Republic of China. According to the European Union Intellectual Property Office (EUIPO), manufacturers in the EU recently suffered a loss of revenue of 60 billion euros annually due to imported counterfeits, and this figure is rising. Medium-sized companies in particular are therefore shying away from the lucrative Chinese market, as selling their own products increases the risk of counterfeiting. Nevertheless, the export quota is continuously increasing. In 2019 alone, goods worth 95.97 billion euros were exported from Germany.

IP/IT Stuttgart