Latest blog articles

  • The ambigous nature of the amended European trademark functionality doctrine

    EU trade mark law excludes certain signs from becoming registered trade marks. In particular, shapes cannot be registered if they are necessary for achieving a technical result. In 2015, the amended Regulation broadened this exclusion to ‘another characteristics'.  But what is now covered exactly?

    Law_Source C‑2118 Textilis Ltd, Ozgur Keskin v Svenskt Tenn AB
  • Democracy and Nihilism: denouncing contemporary populist rhetoric

    In this piece, I will use two memes to begin to unpack what I think is the common denominator of contemporary populist rhetoric. I will explain that the real substance of this rhetoric is the creation of a false moral equivalence, revealing a nihilism. Finally, I will suggest how this false moral...

    law_blog_foto_Artur Willemse_groot
  • The EU’s race to the bottom on asylum seekers’ rights

    Throughout the EU, the rights of asylum seekers come under pressure. Overdue policy changes remain stuck in negotiations because of lacking political will. It is up to the European Commission to step up and protect the fundamental rights of asylum seekers.

    law_migration_blog_aron_bosman
  • How do the Dutch deal with their colonial past?

    The debate on the implications of Dutch colonial rule in Indonesia recently intensified after a report concluded that the Dutch forces had used extreme violence. Reactions to the report reveal that the issue remains controversial and challenging to discuss. The findings in the report do however...

    law_blog_dutch_deal_with_their_colonial_past
  • Why banning Russian tourists from Schengen might not be unlawful

    Recently, politicians in different EU countries have suggested barring Russian tourists from visiting the EU (see reporting here and here). Such a ban would be in retaliation for the war waged by Russia against Ukraine. From a legal perspective, these suggestions raise the interesting question...

    law_blog_merijn_chamon_verfassungsblog
  • Good intentions and detours on the road to diversity

    Frank Dobbin and Alexandra Kalev’s new book, Getting to Diversity, offers data-backed evidence to substantiate what I have long suspected to be true: Many diversity and inclusivity trainings (e.g. mandatory implicit bias training, active allyship training, etc.) not only have little to no effect...

    law_blog_mark_kawakami_diversity
  • The technique of academic research: on research lines and second brains

    An important part of becoming a fully-fledged academic is the development and curation of a research line. A research line is the main research topic and the thread throughout (large parts of) a career. It could be law and technology in private law, globalisation in public law, human rights in...

    law_brain-building_a_second_brain_bram_akkermans
  • FullCompensation: pain and suffering damages shouldn’t be a lottery

    Suppose that you get injured in an accident. In that case, you are entitled to damages. Damages are money that the injurer (or their insurer) must pay to you to make you ‘whole’. The aim of damages is, basically, to fully compensate you. Sounds easy? Believe me, it’s not!

    aw_blog_andrea_parziale_-_full_compensation