Intellectual Property Law in the Netherlands

An intellectual property lawyer in the Netherlands helps you protect and enforce trademarks, copyright, trade names, designs, patents and trade secrets under Dutch, Benelux and EU law. A competitor copies your product, a Dutch company uses a name close to your brand, or you want to protect software, designs or know-how before you enter the Dutch market. In each case the first step is the same: establish which right you have and what it allows you to do. Below you will find, per right, the page that answers your question.

An infringement or a dispute about who owns a right affects your sales and your relationships with distributors straight away. We take the legal work off your hands: which right applies, which evidence you need and which step brings the quickest result. You keep your attention on your business.

Which intellectual property right protects what?

What do you do when someone infringes your rights?

  1. Secure the evidence: screenshots, invoices, samples and the date on which you first noticed the infringement.
  2. Check which right you can rely on and who holds it, including any licences and the chain of ownership.
  3. Send a cease-and-desist letter with a clear deadline. Many cases end at this stage.
  4. If the infringement continues, ask the court for an injunction in summary proceedings. The page on enforcement of intellectual property rights sets out the measures available, including surrender of profits.

Which related areas matter for your IP?

Licences, confidentiality agreements and co-existence agreements are contracts: see NDAs under Dutch law and the hub Dutch contract law. For protecting a brand online and on marketplaces, read brand protection under Dutch law. How a case runs in court is explained under litigation in the Netherlands.

Would you like to know what this means for your brand, product or software? Contact our intellectual property lawyers or send us your question.

Contact

Would you like to speak to one of our Dutch lawyers straight away?

Lawyers for this area:

Areas of Expertise

Blogs about Intellectual Property Law in the Netherlands

Patent infringement occurs when someone, without your consent, performs one of the acts reserved to the patent holder, such as making, offering, marketing or using a patented product, importing or stocking it for those purposes, using a patented process, or

Trade name infringement in the Netherlands occurs when a business uses a name that someone else lawfully used earlier, or a name that differs only slightly, and the public may confuse the two businesses (Article 5 Dutch Trade Name Act).

Copyright in the Netherlands lasts until 70 years after the death of the creator, counted from 1 January of the year after the year of death (Article 37(1) Dutch Copyright Act). Different starting points apply to anonymous works, works made

A design right (modelrecht) protects the appearance of a product: its lines, contours, colours, shape, texture or materials. In the Benelux, the exclusive right arises by registration and requires that the design is new and has individual character (Article 3.1

You protect a trademark in the Netherlands by registering it with the Benelux Office for Intellectual Property (BOIP) or, as an EU trade mark, with the EUIPO. Under the Benelux Convention on Intellectual Property (Benelux-verdrag inzake de intellectuele eigendom, BVIE),

A trademark dispute in the Netherlands usually turns on one question: does another business use a sign identical or similar to a registered Benelux trademark in a way that Article 2.20(2) of the Benelux Convention on Intellectual Property (BCIP) prohibits?

Portrait rights (portretrecht) are the rights a person has under Dutch law against the publication of a recognisable image of them. A portrait made on that person’s commission may not be published without their consent, unless otherwise agreed (Article 20

Profit disgorgement under Dutch law (winstafdracht) means that a court orders a copyright infringer to hand over the profit made from the infringement and to render account of it (Article 27a Dutch Copyright Act). A foreign rights holder whose photos,

Wet bescherming bedrijfsgeheimen (Wbb): juridische bescherming van knowhow en vertrouwelijke bedrijfsinformatie. Voorwaarden, maatregelen en handhaving uitgelegd

Dutch media law sets the rules on what the media may publish and how broadcasters operate. Freedom of expression is protected by Article 7 of the Dutch Constitution and Article 10 ECHR. Broadcasting is regulated by the Media Act 2008

Brand protection under Dutch law rests on a registered trademark: in the Benelux, the exclusive right to a brand name or logo arises only through registration (Article 2.2 Benelux Convention on Intellectual Property). A foreign brand entering the Netherlands should

ICT law (IT law) in the Netherlands is not a separate code. It is the set of rules that apply to software, data, cloud and online services: Dutch contract law in the Dutch Civil Code, copyright law on computer programs

News & Insights
Which topics would you like to receive updates on?
Which industry or sector do you operate in? (Optional)

What are you looking for?