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
Wet bescherming bedrijfsgeheimen (Wbb): juridische bescherming van knowhow en vertrouwelijke bedrijfsinformatie. Voorwaarden, maatregelen en handhaving uitgelegd
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 […]
Entertainment Law in the Netherlands
Entertainment law is a specialized legal field that provides comprehensive legal protection for creators, artists and businesses in the entertainment and media industry, including film, music, television, gaming and digital platforms. This legal area combines intellectual property rights, contract law and media law to safeguard creative works and commercial interests. Entertainment law functions as the […]
What are plant breeders’ rights in the Netherlands?
Plant breeders’ rights are intellectual property rights that protect the breeder of a new plant variety and grant exclusive rights to commercially reproduce and trade propagating material of that specific variety for 25 to 30 years. Plant breeders’ rights function as specialized intellectual property protection for botanical innovations. According to the Dutch Seeds and Planting […]
Copyright Protection in the Netherlands
Copyright in the Netherlands provides automatic protection for original works from the moment of creation, lasting 70 years after the author’s death, with no registration required under Dutch law. What qualifies for copyright protection under Dutch law? Dutch copyright law protects any original work that demonstrates personal creativity and can be perceived through the senses, […]