JŠK Legal Flash

When in doubt, cadastral register records need to be verified, one cannot rely on good faith

The Supreme Court has recently decided under what conditions can a pledgee acquire the right of pledge ownership from pledger who is contrary to reality registered as the real owner in the cadastral register. Although common caution does not fundamentally include an obligation to take action to verify correctness of the record in the cadastral register, in this case the pledgee was aware of the circumstances that should have raised doubts about the correctness of the record. If such information is known to the acquiring person, one cannot invoke good faith in the cadastral register without verifying those circumstances. Those circumstances may include a notice of dispute, ongoing legal proceedings to determine property rights or other material facts, for instance material facts ascertained in the course of legal due diligence.

(Judgement of the Supreme Court 21 Cdo 4540/2018 of 25th June 2019)

13. 11. 2019

Unified rules for increased protection of whistleblowers across the EU by 2021 at the latest

In early October, the Council of the European Union adopted a directive on the protection of persons who report breaches of Union law. Its purpose is to ensure a high level of protection for these persons in a number of sectors, including public procurement, financial services and AML as well as protection of privacy and personal data, both for whistleblowing within organisations and when notifying the public authorities. The directive obliges private and public organisations to establish secure channels for reporting infringements and taking follow-up action. Member States will also have to introduce regulations to prohibit any form of retaliation or attempts in this regard. Since the publication of the Directive in the Official Journal, Member States will have two years for its transposition.

23. 10. 2019

McDonald’s loses its "Mc" trademark in the EU

Following the recent revocation of the Big Mac trademark, the multinational fast-food chain may lose the exclusive right to use another of its iconic designations. Indeed, the EU Intellectual Property Office (EUIPO) recently partially revoked the "Mc" trademark. due to lack of use.

In its judgment, which is still revocable, the EUIPO stated among other things that the use of the sign “Mc" as part of the denominations "McDonald’s" or "McFlurry" does not fulfill the requirement of proper use of the trademark in the market, since the distinctive capacity of the trademark "Mc" is altered.

The obligation to use the mark actively on the market, for example by placing it on products or use in advertising, is therefore not fulfilled if the mark used in the market substantially differs from how the trademark was actually registered. Only supplementary changes are allowed, i.e. those that do not alter the nature of the sign as such, and connection of the trademark with another protected sign is not permitted.

23. 10. 2019
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