Patent Infringement in the Netherlands: action plan and legal steps
Patent holders must actively monitor whether others infringe upon their patented technology. Upon discovering infringement, concrete legal steps can follow, with costs for Dutch litigation ranging between €20,000 and €70,000. However, most disputes resolve without judicial intervention. A patent protects your technical invention for a maximum of 20 years against commercial use by third parties […]
Trade name Infringement in the Netherlands
Trade name infringement occurs when a competitor unlawfully uses your trade name or adopts a confusingly similar business name, causing customer confusion and damage to your reputation and revenue. The Dutch Trade Names Act protects your exclusive right to operate under this name within your geographic trading area. Your trade name represents years of investment […]
Duration of Copyright Protection in the Netherlands
Copyright protection in the Netherlands expires 70 years after the creator’s death, calculated from January 1st of the year following the year in which the creator died. For works by legal entities, the protection period is 70 years after first lawful publication. The copyright protection period forms an essential component of Dutch intellectual property law. […]
Design and Model Rights in the Netherlands
Design and model rights protect the visual appearance of industrial products through registration with the Benelux Office for Intellectual Property or the EUIPO. A design must be novel and possess individual character to qualify for protection according to Article 3.1 of the Benelux Regulation on Intellectual Property. Design and model rights constitute a crucial component […]
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 […]