Home / People / Marcoline van der Dussen
Portrait of Marcoline Dussen

Marcoline van der Dussen

Advocaat

CMS
Atrium - Parnassusweg 737
1077 DG Amsterdam
PO Box 94700
1090 GS Amsterdam
Netherlands
Languages German, English, Dutch

Marcoline van der Dussen is an advocaat in our IP Practice Area Group. She is an excellent and highly knowledgeable IP litigator, with extensive experience in food law. She is a strong choice in matters of IP and copyrights, both as an advisor and a litigator. In her 30 years of experience, mainly specialising in consumer products, Marcoline has built long-term relationships with high profile clients who commend her for her dedication and pragmatic approach. ​

Apart from her focus on trademark, copyright and design law, Marcoline is also well versed in advertising law and the labelling and packaging of products. She regularly advises international advertising agencies on promotional campaigns and assists companies in proceedings before the Dutch Advertising Code Committee and the Board of Appeal of the Dutch Advertising Code Authority. ​

Marcoline has already written over 100 hands-on articles on legal subjects which are of particular interest to many companies, including advertising agencies. Her clients include multinational manufacturers of perfumes and household products, clothing & food companies, global advertising agencies and also various charity foundations and fair trade organisations.

more less

‘Marcoline is very patient when it comes to explaining each case, advice CMS offers, or background on certain practices.’

The Legal500 EMEA, 2022

Marcoline van der Dussen is recommended.

The Legal 500 EMEA, 2021

Marcoline van der Dussen is recommended.

The Legal 500 EMEA, 2020

Memberships & Roles

  • Benelux Association for Trademark and Design Law (BMM)
  • International Association for Trademark and Design Law (Marques)
  • Speeches to students and other events
  • Lecturer at Academy for the Legal Practice (VSO course Intellectual Property)
  • Permanent author of Product, Tijdschrift voor Productontwikkeling
more less

Education

  • Dutch Law (Private, Company, Social and Economic Law), Utrecht University
more less

Feed

03/11/2021
Hey, Copy­right Dir­ect­ive
A video series to ex­plain copy­right rules re­vamped
04/11/2021
Sus­tain­ab­il­ity Claims and Gre­en­wash­ing we­bin­ar
Join CMS we­bin­ar on Sus­tain­ab­il­ity Claims and Gre­en­wash­ing, which will be presen­ted by the CMS Con­sumer Products Sec­tor Group mem­bers Nikolas Gregor from our Ger­man prac­tice, Stu­art Helmer from our UK...
01/06/2021
CMS In­tel­lec­tu­al Prop­erty Glob­al Bro­chure
The pan­dem­ic that will define 2020 has put many types of in­tel­lec­tu­al prop­erty in the spot­light – par­tic­u­larly, of course, in life sci­ences. Who will de­vel­op an ef­fect­ive vac­cine or vac­cines for Cov­id-19...
12/05/2021
Sus­tain­ab­il­ity and gre­en­wash­ing – the Dutch view
Con­sumers in­creas­ingly con­sider sus­tain­ab­il­ity when mak­ing pur­chases. As a res­ult, more and more com­pan­ies are us­ing sus­tain­ab­il­ity claims on the pack­aging of their products and in ad­vert­ise­ments. This prac­tice, how­ever, cre­ates the risk of "gre­en­wash­ing": the dis­sem­in­a­tion of dis­in­form­a­tion to present an en­vir­on­ment­ally re­spons­ible pub­lic im­age by us­ing mis­lead­ing word­ing or vague claims. Ac­cord­ing to the Dutch Au­thor­ity for Con­sumer & Mar­kets ("ACM"), gre­en­wash­ing can re­duce con­sumer trust and lead to un­fair com­pet­i­tion. To ad­dress this, the ACM has re­cently pub­lished guidelines on sus­tain­ab­il­ity claims. Con­sumers and or­gan­isa­tions also seem to be alert to the is­sue of gre­en­wash­ing. Sev­er­al com­plaints about sus­tain­ab­il­ity claims have been sub­mit­ted to the Ad­vert­ising Code Com­mit­tee ("ACC") in the re­cent years. This art­icle dis­cusses the guidelines on sus­tain­ab­il­ity claims of the ACM and the AC­C's ap­proach to sus­tain­ab­il­ity claims. ACM Guidelines on Sus­tain­ab­il­ity Claims Sus­tain­ab­il­ity is one of ACM's key pri­or­it­ies in 2021. The ACM, which not only su­per­vises com­pet­i­tion law but also un­fair com­mer­cial prac­tices in the Neth­er­lands, pub­lished the fi­nal ver­sion of their Guidelines on Sus­tain­ab­il­ity Claims on 28 Janu­ary 2021. Two days earli­er it had already pub­lished its fi­nal draft Guidelines on Sus­tain­ab­il­ity Agree­ments on the ap­plic­a­tion of com­pet­i­tion law to sus­tain­ab­il­ity agree­ments between un­der­tak­ings.The Guidelines on Sus­tain­ab­il­ity Claims con­tain five rules of thumb that are ex­plained us­ing vari­ous ex­amples. First, com­pan­ies should make clear the sus­tain­ab­il­ity be­ne­fits that a giv­en product of­fers. Second, the sus­tain­ab­il­ity claims used must be sub­stan­ti­ated with facts and kept up-to-date. Third, com­par­is­ons with oth­er products, ser­vices or com­pan­ies must be fair. Fourth, com­pan­ies must be hon­est and spe­cif­ic about their sus­tain­ab­il­ity ef­forts. Lastly, visu­al claims and la­bels should be help­ful to con­sumers and not con­fus­ing.Upon its pub­lic­a­tion, the ACM com­mu­nic­ated that its Guidelines on Sus­tain­ab­il­ity Claims would serve as basis for en­force­ment by its con­sumer pro­tec­tion de­part­ment. Three months later, on 3 May 2021, the ACM com­mu­nic­ated that it had in­deed launched in­vest­ig­a­tions in three sec­tors in which it pre­vi­ously had found many po­ten­tially mis­lead­ing claims: en­ergy, di­ary and clothes. Over 170 com­pan­ies act­ive in these sec­tors re­ceived let­ters from the ACM in which they were asked to check the ac­cur­acy of their sus­tain­ab­il­ity claims. In the let­ters, the ACM an­nounced that as from 14 June 2021 it would as­sess the ef­fects of its ac­tion and start fin­ing com­pan­ies that still com­mu­nic­ate claims they can­not ful­fil.The ACM can sanc­tion a vi­ol­a­tion by im­pos­ing an ad­min­is­trat­ive fine of up to EUR 900,000 or 1% of the gross turnover. Dutch Ad­vert­ising Code The Neth­er­lands also has a self-reg­u­lat­ing sys­tem re­gard­ing ad­vert­ising, which in­cludes la­belling. The ACC is the body deal­ing with this sys­tem and the rules on ad­vert­ising are con­tained in the Dutch Ad­vert­ising Code (“DAC”). Any­one who be­lieves that an ad­vert­ise­ment vi­ol­ates the DAC can sub­mit a com­plaint to the ACC. In case of a DAC vi­ol­a­tion, the ACC will up­hold the com­plaint and re­com­mend that the ad­vert­isers in­volved dis­con­tin­ue this ad­vert­ising. The ACC can­not grant dam­ages or im­pose any fines. However, over 95% of all ACC re­com­mend­a­tions are re­spec­ted due to the AC­C's policy of "nam­ing and sham­ing" – pub­lish­ing the names of ad­vert­isers un­will­ing to com­ply and co­oper­ate on the ACC web­site. Spe­cial Ad­vert­ising Code for En­vir­on­ment­al Ad­vert­ising Sus­tain­ab­il­ity claims can be seen as en­vir­on­ment­al claims. This means that the Spe­cial Ad­vert­ising Code for En­vir­on­ment­al Ad­vert­ising ("CEA") is ap­plic­able. The CEA ap­plies to the en­tire life cycle of all goods and ser­vices – from pro­duc­tion to waste pro­cessing. Based on Art­icle 3 CEA, en­vir­on­ment­al claims must be demon­strably cor­rect and since en­vir­on­ment­al claims are of­ten for­mu­lated in ab­so­lute terms, stricter re­quire­ments are im­posed on the evid­ence the ad­vert­iser must provide. Ad­vert­ising Code Com­mit­tee The im­port­ance of fact-based proof in sus­tain­ab­il­ity claims was high­lighted in sev­er­al ACC judg­ments. For ex­ample, the ACC ruled that the claim "100% com­postable" on Bioodi cof­fee cups was mis­lead­ing be­cause Bioodi could only demon­strate through test res­ults that the cof­fee cups were 90% com­postable (ACC 9 March 2020, 2020/00059). Ac­cord­ing to the ACC, the as­sump­tion that a 90% de­grad­a­tion dur­ing the test peri­od ul­ti­mately means that the cof­fee cups are 100% com­postable is in­con­sist­ent with the re­quire­ment of Art­icle 3 CEA that an en­vir­on­ment­al claim must be demon­strably cor­rect.Fur­ther­more, the ACC con­sidered the claim "This plastic bag is en­vir­on­ment­ally friendly" mis­lead­ing since en­vir­on­ment­ally harm­ful fossil en­ergy was needed for both the man­u­fac­ture and re­cyc­ling of the bag (ACC 24 Ju­ly 2014, 2014/00325).The claim “our pack­aging is 100% re­cyc­lable” on plastic bottles of Coca-Cola was not con­sidered to be in vi­ol­a­tion of Art­icle 3 CEA of the ACC be­cause Coca-Cola had suf­fi­ciently sub­stan­ti­ated that its bottles are made of fully re­cyc­lable ma­ter­i­als. It did so by cit­ing the guidelines of the European PET Bottle Plat­form and demon­strat­ing that its bottles are made from trans­par­ent PET, which is con­sidered a re­cyc­lable ma­ter­i­al based on these guidelines (ACC 20 Decem­ber 2017, ACC 2017/00812). The ACC noted that the claim "100% re­cyc­lable" does not mean that the ma­ter­i­als ac­tu­ally have to be 100% re­cycled.Green­peace, the party that filed the claim, also charged that the com­pany was in vi­ol­a­tion of Art­icle 10 CEA since the re­cyc­ling of half-litre bottles in­to new Coca-Cola bottles did not take place in prac­tice. Art­icle 10 CEA states that en­vir­on­ment­al claims re­lated to the re­cyc­ling of products or parts of products are per­miss­ible only if a suf­fi­cient pro­por­tion of the re­com­men­ded products or parts are ac­tu­ally re­cycled. Coca-Cola provided a re­port from Sticht­ing Ned­vang, which re­gisters the col­lec­tion and re­cyc­ling of all pack­aging waste in the Neth­er­lands, show­ing that 70% of small bottles in the Neth­er­lands are re­cycled and a part of those bottles are used in new bottles. The ACC con­sidered this suf­fi­cient evid­ence to meet the cri­ter­ia of Art­icle 10 CEA. Con­clu­sion The above ex­amples show that sus­tain­ab­il­ity claims re­quire care­ful con­sid­er­a­tion since Dutch reg­u­lat­ors, con­sumers and or­gan­isa­tions pay close at­ten­tion to these claims. Or­gan­isa­tions that are act­ive in the Neth­er­lands are ad­vised to re­con­sider the use of cer­tain sus­tain­ab­il­ity claims and as­sess wheth­er they can demon­strate the ac­cur­acy of these claims when re­ques­ted.
14/04/2021
Top rank­ings CMS in Leg­al 500 EMEA 2021
CMS has once again been ranked in the latest edi­tion of The Leg­al 500 Europe, Middle East & Africa (2021). We thank our cli­ents for put­ting their trust in us and re­cog­nising our ex­pert­ise. Our law­yers...
15/04/2020
Top rank­ings CMS in Leg­al 500 EMEA 2020
The on­line edi­tion of The Leg­al 500 Europe, Middle East & Africa (EMEA) 2020 has been pub­lished. Our law­yers are de­scribed as 'ac­cur­ate, quick, flex­ible and know­ledge­able'. CMS is val­ued for its pres­ence...
11/04/2019
Top rank­ings CMS in The Leg­al 500 EMEA 2019
The on­line edi­tion of The Leg­al 500 Europe, Middle East & Africa (EMEA) 2019 has been pub­lished. Our law­yers are de­scribed as prag­mat­ic, class, pleas­ant and know­ledge­able. CMS is val­ued for its pres­ence...
17/04/2018
CMS rank­ings in The Leg­al 500 EMEA 2018
The on­line edi­tion of The Leg­al 500 Europe, Middle East & Africa 2018 has been pub­lished. CMS is de­scribed as 'top-class', 'prag­mat­ic' and 'proven to be re­li­able and re­spons­ive'.Rank­ings Like last year...
08/09/2016
CMS acts on ma­jor ac­quis­i­tion in the fish­ing in­dustry
CMS has as­sisted the share­hold­ers of fish pro­cessing plant Sea­food Par­levliet in the trans­ac­tion by which fish­ing com­pany Cor­nel­is Vrolijk ac­quires a ma­jor­ity stake in Sea­food Par­levliet. The trans­ac­tion...
26/07/2013
Lift­ing creams and tum­bling scoot­ers - sub­stan­ti­at­ing ad­vert­ising claims...
When it comes to stim­u­lat­ing sales of a product, ad­vert­ising is key. Only few products sell them­selves. Most products need to be act­ively brought to the at­ten­tion of the rel­ev­ant po­ten­tial cus­tom­ers and...
14/12/2012
Dis­tri­bu­tion & mar­ket­ing of drugs : Neth­er­lands
Coun­try con­tri­bu­tion for the pub­lic­a­tion "Dis­tri­bu­tion & mar­ket­ing of drugs" of the European Law­yer Ref­er­ence Series. This con­tri­bu­tion fo­cuses on the leg­al re­gime re­gard­ing dis­tri­bu­tion and mar­ket­ing...
01/07/2007
Be­ware of im­it­a­tions!
Some time ago the Koel­nmesse or­gan­ised a meet­ing in Breuk­elen for Dutch com­pan­ies con­sid­er­ing par­ti­cip­at­ing in trade fairs in China. Gie­lis­sen was in­vited to ini­ti­ate this group of po­ten­tial ex­hib­it­ors...