How Do I Protect My Trademark in the Netherlands?
Trademark protection in the Netherlands requires official registration of your brand name, logo, or distinctive sign with the Benelux Office for Intellectual Property (BOIP). This registration grants ten years of exclusive usage rights within the Benelux, with unlimited renewal options of ten years each. Trademark protection forms a fundamental component of intellectual property law for […]
Trademark Dispute in the Netherlands: What to Do?
A trademark dispute in the Netherlands requires immediate and strategic action. You can take legal steps when a competitor infringes your trademark rights by using an identical or confusingly similar sign for similar products or services. Well-known marks enjoy extended protection under Article 2.20 paragraph 1c of the Benelux Convention on Intellectual Property (BCIP), even […]
What are Portrait Rights under Dutch law and How Do You Enforce them?
Portrait rights grant a portrayed individual the right to object to publication of photographs, videos, or other images showing them recognizably under specific circumstances. Dutch law distinguishes between commissioned portraits and non-commissioned portraits, with different rules governing publication and use for each category under the Dutch Copyright Act. Portrait rights protect your privacy and commercial […]
What is profit disgorgement for copyright infringement under Dutch law?
Profit disgorgement for copyright infringement means that a rights holder can claim damages based on the net profit the infringer obtained through the infringement. This form of damage calculation is established in Article 27a of the Dutch Copyright Act and provides an alternative method when actual damages are difficult to determine. Copyright infringement can have […]
Legal Protection of Trade Secrets in the Netherlands
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Dutch Media Law
Dutch media law regulates information dissemination through newspapers, radio, television and the internet by balancing freedom of expression under Article 10 ECHR with privacy protection under Article 8 ECHR. This legal field encompasses rules regarding copyright, portrait rights, rectification requests and reputation damage, where courts determine case-by-case which fundamental right prevails. The core of media […]
Brand Protection under Dutch law
Brand protection in the Netherlands requires official registration with the Benelux Office for Intellectual Property (BOIP), granting exclusive rights to use your business name, logo or distinctive features. A registered trademark protects you for 10 years against unauthorized use by third parties in the Benelux region, with unlimited renewal options available. Your brand represents the […]
Dutch Information, Communication and Technology Law (Dutch ICT Law)
ICT law encompasses legal issues arising from digital technology, software and online services. This legal field connects Dutch contract law, copyright law, IP law, privacy law and criminal law with the technical reality of information systems, cloud computing and electronic communications. Societal dependence on digital systems has made ICT law an essential legal domain. Organizations […]
How Do You Infringe Portrait Rights Under Dutch Law?
Portrait right infringement under Dutch law occurs when you publish a photograph showing an identifiable person without consent, while that person has a legitimate interest in preventing publication. According to Article 21 of the Dutch Copyright Act, this applies to both privacy-related and commercial interests of the portrayed individual. Portrait rights protect natural persons against […]
How Do You Enforce Trademark Rights in the Netherlands?
You enforce trademark rights by taking active legal action against unauthorized use of your registered trademark through cease-and-desist letters, attachment proceedings, and preliminary injunction procedures. The trademark holder has exclusive rights to prevent others from using the mark for identical or similar products according to the Benelux Convention on Intellectual Property. Trademark rights arise exclusively […]