Ewout van Waasbergen is a Dutch lawyer (advocaat) at MAAK Advocaten in Amsterdam who works at the intersection of intellectual property law, Dutch commercial contract law and litigation. He represents Dutch and international companies in the manufacturing industry and has extensive experience in drafting, interpreting and enforcing commercial contracts and licence agreements, as well as in conducting complex disputes under Dutch law. Because MAAK works daily with cross border matters, Ewout is a natural point of contact for international and English speaking clients.
Ewout litigates in Dutch summary proceedings (kort geding), proceedings on the merits (bodemprocedure) and arbitration, among other matters in cases about the infringement of intellectual property rights, the misuse of trade secrets, product liability (productaansprakelijkheid) and distribution disputes. His practice focuses both on preventing conflicts strategically and on effective litigation when escalation is unavoidable.
What makes Ewout van Waasbergen unique at the intersection of IP, contracts and litigation?
Ewout van Waasbergen combines three fields that constantly meet in the manufacturing industry but rarely sit in one hand: intellectual property law (intellectueel eigendomsrecht), commercial contract law and procedural law. That combination makes him particularly valuable, because an innovation must at the same time be protected, recorded soundly in contracts and, where necessary, enforced before the court.
In practice, he thinks along from the first development to market access. How do you protect the technology, the brand and the design behind a product, how do you record its exploitation in commercial contracts, and how do you enforce your rights when a third party infringes them? As a sparring partner, he moreover works closely with companies, legal counsel, management teams and technical specialists, so that the legal strategy matches the commercial reality.
How does Ewout protect and enforce your intellectual property?
Intellectual property covers the rights with which you protect innovation, recognisability and creative achievements: patents, trademarks, designs, copyrights and trade secrets. Ewout van Waasbergen guides companies in securing, exploiting and enforcing these rights, with particular attention to the interface between product development, market access and intellectual property.
In concrete terms, Ewout advises and litigates within the following areas of IP law:
- Trademark law (merkenrecht): registration, protection and enforcement of trademarks for products and services
- Design law (modellenrecht): protection of the appearance and design of a product against imitation
- Copyright (auteursrecht): protection of creative and technical works, from software to product documentation
- Patents (octrooien): assistance in conflicts over technical inventions and patents
- Trade secrets (bedrijfsgeheimen): contractual and legal protection of confidential technology and know how
- Trade name law (handelsnaamrecht): protection of the company and trade name in the Dutch market
How does Ewout act in cases of IP infringement and trade secret disputes?
In cases of intellectual property infringement, speed matters, because every day that a counterfeit product or an infringing trademark is on the market undermines your position and your revenue. Ewout van Waasbergen therefore determines the most effective route immediately and acts decisively.
He acts, among other things, in cases of trademark infringement (merkinbreuk), the fight against counterfeit products (namaak), slavish imitation (slaafse nabootsing) and the misuse of trade secrets. Where there is an urgent interest, he starts summary proceedings (kort geding) to stop the infringement quickly. For a final decision, he conducts proceedings on the merits (bodemprocedure) or international arbitration.
How does Ewout advise on licences, R&D collaborations and technology contracts?
A large part of the value of an innovation lies in the contracts that are concluded around it. Ewout van Waasbergen therefore advises on licences and R&D collaborations and drafts the associated agreements, so that the ownership and exploitation of intellectual property are clearly recorded.
He guides the exploitation of technology and brands through licence agreements, cooperation arrangements on research and development, and the drafting and reviewing of commercial agreements. In doing so, he links the legal protection of intellectual property with clear arrangements on liability, confidentiality and termination.
Which legal questions arise around software, hardware and artificial intelligence?
The use of software, hardware and artificial intelligence (AI) raises new legal questions, such as the ownership of algorithms, data protection, interoperability and liability for autonomous systems. Ewout van Waasbergen advises companies on these challenges and translates them into contractual and strategic choices.
He advises, among other things, on the European AI Act and its consequences for innovation and market strategy, on the question of who owns an algorithm or training data, and on liability when an autonomous or AI driven product causes damage. In this way, your organisation knows where it stands legally before a new product reaches the market.
How does Ewout support the whole industrial chain with commercial contracts?
Ewout van Waasbergen supports parties throughout the entire industrial chain, from manufacturers, importers and distributors to technology developers, online platforms, fulfilment companies and resellers. He structures innovation, production and market access in legal terms and combines knowledge of the manufacturing industry with an eye for commercial interests and compliance with European regulation.
In concrete terms, he drafts and reviews distribution agreements (distributieovereenkomsten), commercial agency agreements (agentuurovereenkomsten) and general terms and conditions (algemene voorwaarden) with clear provisions on IP, liability and quality. For international transactions, he also advises on the choice of law, the choice of forum and the Vienna Sales Convention (CISG), so that your contracts also hold up across borders.
Why do companies choose Ewout van Waasbergen as their IP lawyer in Amsterdam?
Ewout van Waasbergen is the lawyer for companies that are looking for a partner who combines intellectual property law, contract practice and litigation in a single approach. He appears before the court, in enforcement proceedings and before arbitral institutions, and advises companies on the impact of new European legislation on their innovation and market strategy. That combination makes his advice both in depth and practical.
Companies choose Ewout because he is directly available, communicates clearly about opportunities and risks, and acts quickly when an infringement or a dispute requires it. Whether it concerns the protection of a trademark or a design, a licence negotiation, a dispute over trade secrets or proceedings on product liability: MAAK Advocaten in Amsterdam is ready to represent both foreign and Dutch companies in international commercial disputes.
Do you have a question about intellectual property, a commercial contract or an IP dispute? Contact Ewout van Waasbergen for a no obligation conversation on +31 (0) 20 210 31 38 or mail@maakadvocaten.nl. You will receive a clear assessment of your position and of the strategy that fits your situation.
